Hi Lawrence
We have had a slightly similar situation in the recent past with a student
appeal hearing.
A committee sat to hear a student appeal case and prepared a report with
its findings. The student was particularly unhappy with the report citing a
number of inaccuracies and brought the DPA into play to have them
corrected. The committee considered the student's points about the report
but did not make any changes to the report.
The inaccuracies were not personal data as such, more differences of
opinion, but were in the context of the appeal report so I looked at it
from a DPA angle.
I spoke to the ICO helpline who advised that we should file the student's
comments with the report to note that they have disputed certain
information and confirm this action to the student - and we did so, so that
would be your:
"ask them to write a really long letter, outlining all their points, and
enter it into the "record" (7b) even if they do not have access to all the
reports?"
and the list of 'inaccuracies' was long!
I realise this doesn't address your entire scenario (the access point) but
thought it may help with one aspect.
Best wishes
Matt
--On 20 May 2010 14:10 +0100 Lawrence Serewicz
<[log in to unmask]> wrote:
>
>
> Dear All,
>
>
>
> I need some help with a tricky situation.
>
>
>
> A resident (Mrs XYZ) complained to standards committee on several
> occasions about the behaviour of Councillors. The complaints were
> investigated and the standard committees took no further action.
>
>
>
> The applicant (Mrs XYZ) read through the investigating officers reports
> and noted that some of the statements recorded within were, in her view,
> inaccurate or false. The applicant made further requests under the DPA
> for other personal information relating to the standards committee. She
> was granted some information but other information was withheld because
> it was also personal information of people who would not consent to it
> being disclosed.
>
>
>
> Following receipt of the redacted reports, the applicant believes that
> the reports contained biased information that they would like to have
> changed. For example, some of the other people interviewed by the
> investigator passed comment on the applicant and the applicant believes
> these allegations and statements are false. Moreover, the applicant
> believes this has biased the committees that decided her complaints.
>
>
>
> Of the cases were appealed to the Standards Board for England, none were
> overturned.
>
>
>
> The applicant now wants to exercise their Data Protection rights to have
> their personal information corrected. They are invoking Principle 4 (7a
> of Schedule 1 Part 1).
>
>
>
> The fourth principle
>
> 7 The fourth principle is not to be regarded as being contravened by
> reason of any inaccuracy in personal data which accurately record
> information obtained by the data controller from the data subject or a
> third party in a case where--
>
> (a) having regard to the purpose or purposes for which the data were
> obtained and further processed, the data controller has taken reasonable
> steps to ensure the accuracy of the data, and
>
> (b) if the data subject has notified the data controller of the data
> subject's view that the data are inaccurate, the data indicate that fact.
>
>
>
> What the applicant wants is two DPA results and one overall result. The
> first DPA result is that they want to have access to all the standards
> committee reports to review all the allegations and statements made
> against them. The second result, following complete access, they want to
> "correct" or, at least rebut all statements they believe to be false and
> have that entered on the record.
>
>
>
> At first glance, it would not appear that the fourth principle is
> engaged. The investigating officer has recorded the information for the
> purposes by which it was obtained. For example, if Mr. 123 says, "I saw
> Mrs. XYZ shouting at the Councillors in the parking lot." and Mrs. XYZ,
> in reading that statement, claims the Councillor was shouting at her. It
> would appear that 7a would come into effect because the officer is only
> recording the opinions and take the parties on their word as the officer
> was not present.
>
>
>
> However, Mrs. XYZ after the hearings were completed, has decided to
> correct the record. In particular, she believes the officers lied in
> their reports and those Councillors who were interviewed lied about
> various situation. She wants to reopen the cases or at least bring new
> charges on the old cases.
>
>
>
> So, what do we do?
>
> Do we ask the person to go to Court to get this addressed and see if the
> Court accepts their argument? (S.14) 14 Rectification, blocking, erasure
> and destruction )
>
>
>
>
>
> Or do we ask them to write a really long letter, outlining all their
> points, and enter it into the "record" (7b) even if they do not have
> access to all the reports?
>
>
>
> How do we "correct" the opinion or views of the people being interviewed
> especially after the cases is closed? Furthermore, how do I reconcile
> the applicant's DPA rights (I think Cllr. X1Y lied in their statement
> about the fire service) against Cllr X1Y's DPA rights (I gave my view of
> the matter and they did make a statement about the fire service).
>
>
>
>
>
> What would you do when faced with this situation? Do you quietly change
> your name, move to a foreign country and take up deep sea fishing?
>
>
>
> Any thoughts on handling this scenario would be gratefully welcomed.
>
>
>
> Best,
>
>
>
> Lawrence
>
>
>
> Principal Information Management Officer
>
> Durham County Council
>
> Room 4/10
>
> County Hall
>
> County Durham
>
> DH1 5UF
>
>
>
> 0191-383-3815
>
>
>
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