Yes Julie, I normally do use the exemptions as I had such a request and
said that we owed the duty to the 3rd party(ies).
D
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Julie Gibbs
Sent: 05 January 2007 09:52
To: [log in to unmask]
Subject: Re: Are 3rd party interview notes personal data ?
I agree with Tim and Paul and it reaffirms the ICO code of practice.
The information is accessible at any point if it meets all the criteria,
ie it's personal data related to the subject requesting it and it's not
exempt. Fortunately, I haven't had to deal with such a request but
Doreen obviously has and her policy has presumably not been challenged.
I would stand by using appropriate exemptions rather than relying on a
policy.
Julie Gibbs
Information Officer
Crewe & Nantwich Borough Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 05 January 2007 08:25
To: [log in to unmask]
Subject: Re: [data-protection] Are 3rd party interview notes personal
data ?
The crucial issue is the one raised by Paul Ticher i.e. is it personal
data?
Having a policy is very helpful in terms of ensuring consistency, but
that policy can only be framed within the parameters of the law. I may
have misunderstood the previous post, but it seemed to imply that you
wouldn't let employees have data unless they went to a disciplinary
hearing. I don't see how a policy would allow anyone to do this.
If an employee asks for personal data, the data is held and it's not
exempt, no policy can supersedes Section 7. A data controller cannot
arbitrarily say to its employees "you can't have this data until /
unless..." - you can charge them a fee, make them prove their identity
if you really want to (never succumbed to this temptation with a current
employee myself), but I don't see how any policy could prevent subject
access. So the question comes back to the beginning - is it personal
data? If it isn't, or more importantly, if it is someone else's data,
they can't have it unless it's accessible under FOI. I've certainly
refused to give a person information in these circumstances, but because
I thought that on balance it was data about the interviewee, not the
person asking for it.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: Thu 04 January 2007 17:22
To: [log in to unmask]
Subject: Re: [data-protection] Are 3rd party interview notes personal
data?
I think that if they were formulating an investigation - then the notes
must be in one place (probbaly easily identifiable in a file) as someone
would have to make a decision eventually and most statements are done
electronically anyway.
When I did DP when we did not hold all HR records electronically and
whenever I had an SAR - sorry we can't oblige as the notes are only held
in manual format...we don't want to go there.
It surely must be personal data if it is someone making a statement
against another member of staff. As I keep banging on - if you have a
policy in place and staff are aware then there can be no repercussions.
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 04 January 2007 16:58
To: [log in to unmask]
Subject: Re: Are 3rd party interview notes personal data?
I think you have to establish:
1) Are the notes data?
2) Are the interviewees third parties?
3) If not, does any other exemption from access apply?
If the interview notes are held on paper in a working file relating to
the grievance and are not part of a system (or are not systematically
organised), then in light of Durant they may not be data. Therefore
there would be no right of access.
Normally an employee is an agent of the Data Controller, not a third
party.
So you have to establish whether the interviewees are acting on their
own account or the organisation's. A colleague giving evidence about an
incident might well be acting on their own account (especially perhaps
if they had some leeway over whether to participate or not), while a
line manager explaining their management of the individual is more
likely to be acting in an official capacity. In the latter case the
line manager would probably not be a third party, so the third party
exemption from access could not apply. In the former case the
interviewees could withhold consent to the notes being shown; if this
refusal is "reasonable" the notes would be exempt from access.
It seems to me unlikely that the 'management forecasts', 'negotiations'
or 'legal professional privilege' exemptions from access (see Schedule 7
of the
Act) could apply, but it may be worth checking.
However, natural justice normally demands that someone should know who
is accusing them of what. Even if there is a potential exemption from
access, I would have thought you would have to have good grounds on
which to deny it. For example you might conclude that providing access
could be to the serious detriment of the interviewees and this
outweighed the interests of the individual pursuing the grievance in
knowing what had been said.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal
data for direct marketing purposes.
----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 04, 2007 4:09 PM
Subject: 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
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