Lawrence,
An individual contesting what is written about them is quite a common
occurrence in relation to Social Care records. I always adopt the same
approach, informing them that:
Upon receipt of the list of information considered to be inaccurate, I
will examine each instance in turn and on a case by case basis, determine
which of the following actions to take:
1. I agree a factual error has occurred and correct it.
2. I agree that information is excessive or inaccurate and delete /
erase it.
3. I agree that a piece of information is inaccurate but it must be
kept on file to provide evidence of why we took or did not take a
particular course of action. However, the fact that the information is
inaccurate would be recorded alongside the relevant entry and that
information would not be used or referred to again.
4. I do not agree that the information is inaccurate and retain the
information on file. The information may be used or referred to again but
the fact that you dispute its accuracy would be noted.
If they are unhappy with the outcome of my review, I inform them that they
retain the right to refer the matter to the authority's formal complaint's
procedure or alternatively, refer the matter to the Information
Commissioner.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
Lawrence Serewicz <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
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20/05/2010 14:11
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[data-protection] Principle 4 (How far do we go to correct data?)
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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