Assuming the handwritten notes are retained as part of the personnel
file they would be likely to be Category E data under FOI and so
potentially disclosable under a SAR. Given that the complainant has had
the information provided to them in typewritten form means they've
received their personal data.
The real issue here is the fact that requestors believe S7 entitles them
to documents. It doesn't, it only entitles them to the information in
those documents that forms their personal data. That said more often
than not the most practical and easy way to provide information is
through copies.
In my experience if the individual went to the ICO the ICO would likely
dismiss their complaint as they've had the information. There may be
customer service issues but there are no issues under S7.
Happy Friday :)
Lee Gardiner
Records Manager
Department of Adult Services
Wigan MBC
x4140 or 01942 404140
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Save Paper and the Planet - Do you really need to print this e-mail?
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Rodgers
Sent: Fri 17 August 2007 15:25
To: [log in to unmask]
Subject: [data-protection] Unstructured Personal Data
Here's the story:
Meeting between data subject, manager with notes taken by admin officer
Request comes in 2 hours later for handwritten notes
Treated as SAR but typewritten notes provided 40 days later
Complaint that they requested handwritten notes (also complaint that
section in handwritten note was missing).
Is my understanding that the typewritten notes which form part of the
personnel file are personal data but the handwritten notes (of which
there was no intention to retain in their own form, merely to be turned
into typewritten notes) are not? Durant ruling may apply here?
Obviously applicant can appeal against content of handwritten notes but
that isn't essentially a DPA issue (more omissions or bad record
keeping).
Thanks,
Tim Rodgers
Information Governance Manager
Legal Services
Chief Executives Department
London Borough of Tower Hamlets
Phone: 0207 364 4354
Mobile: 0796 770 5102
Fax: 0207 364 4804
E-mail: [log in to unmask]
Website: http://www.towerhamlets.gov.uk
2nd Floor, Town Hall, 5 Mulberry Place,
London E14 2BG
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