Julie - we have  a policy in place here which states that they cannot receive them unless they go to disciplinary.
Also, if notes are being compiled with for an investigation then surely we owe a duty to both parties i.e. giving out the interviewee's information and the person being complained about - could cause damage/distress.  If after the investigationj is complete and they decide not to go ahead with the disciplilnary all statements/notes are destroyed.
 
Had this one last year.
Doreen
 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Julie Gibbs
Sent: 04 January 2007 16:34
To: [log in to unmask]
Subject: Re: Are 3rd party interview notes personal data?

Have a look at the ICO Employment Practices Code paragraph 2.13 on Discipline, grievance and dismissal

(http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/employment_practices_code.pdf)

One of the key points states that managers should be aware that subject access rights apply even if responding to a request might impact on a disciplinary or grievance investigation or on forthcoming proceedings, unless responding would be likely to prejudice a criminal investigation.

 

 

Julie Gibbs

Information Officer

Crewe & Nantwich Borough Council

Tel: 01270 537733

Fax: 01270 537662

[log in to unmask]

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 04 January 2007 16:10
To: [log in to unmask]
Subject: [data-protection] Are 3rd party interview notes personal data?

 


If members of our staff are interviewed in connection with a grievance concerning another member of staff (A) are the notes of those interviews classed as A's personal data? In other words, is A entitled to see them?

Hilary Lawrenson, Data Protection Officer
National Probation Service - South Yorkshire
Head Office
45 Division Street
Sheffield, S1 4GE

Tel 0114 276 6911
Fax 0114 276 1967

**********************************************************************

This email & any files transmitted with it are private & intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, the e-mail & any attachments have been transmitted to you in error & any copying, distribution or use of the information contained in them is strictly prohibited.

 

The National Probation Service may monitor the content of the e-mails sent & received via its network for the purposes of ensuring compliance with its policies & procedures.

 

Any views or opinions presented are only those of the author & not those of the National Probation Service.

**********************************************************************

 


This message has been checked for all email viruses by the Cable & Wireless Email Protection Service.

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)


--
This message has been scanned for viruses and
dangerous content by IC-MailScanner, and is
believed to be clean.

For queries or information please contact:-

=================================
Internet Central Technical Support

http://www.netcentral.co.uk
=================================


PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
On entering the GSI, this email was scanned for viruses by the Government Secure Intranet (GSi) virus scanning service supplied exclusively by Cable & Wireless in partnership with MessageLabs.
In case of problems, please call your organisational IT Helpdesk.
The MessageLabs Anti Virus Service is the first managed service to achieve the CSIA Claims Tested Mark (CCTM Certificate Number 2006/04/0007), the UK Government quality mark initiative for information security products and services. For more information about this please visit www.cctmark.gov.uk

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

********************************************************************

* This email is privileged, confidential and subject to copyright. *

* Any unauthorised use or disclosure of its content is prohibited. *

* The views expressed in this communication may not necessarily *

* be the views held by Scottish Borders Council. *

* Please be aware that any email sent or received by the Council *

* may require to be disclosed by the Council under the provisions *

* of the Freedom of Information (Scotland) Act 2002. *

********************************************************************

 

All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)