If you are a public authority, as appears from your e-mail address, the
distinction between a relevant filing system and unstructured records
disappears. The Freedom of Information Act added category (e) -
unstructured information - to the definition of personal data for the
purposes of access. Therefore, if it mentions the individual, you have to
provide access. So it would be better to store it in an accessible way or
HR could be storing up a lot of work for themselves in future.
If you are not subject to FoIA, then I would agree with your HR department,
though would argue that it is bad practice to try to wriggle out of
providing access in that way.
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: "Henley, Lee" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 17, 2008 8:52 AM
Subject: relevant filing system
Advice please
Our HR Dept are stating that spent disciplinary information that is removed
from personal files and kept in a separate secure location with other spent
disciplinary paperwork, would not be classified as a relevant filing system
(as it is not kept in alphabetical or in a particular order).
As a result our HR Dept are stating they believe that they would not need
disclose anything within that filing system if a subject access request was
received. Is this correct?
Lee Henley
Information Manager
Telephone: (01375) 652500
Mobile - 07780 730944
[log in to unmask]
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