I cannot immediately think of a reason to treat the two differently.
 
The real question in both cases is whether it is reasonable in all the circumstances to disclose Bert's data to Fred, and one of those circumstances is that Fred has already seen it all as in each case he was a party to the communication. That seems to remove any duty of confidentiality in terms of s7(6) considerations. Whilst accepting each case has to be assessed on merits my inclination would be to disclose*
 unless I had an express refusal of consent from Bert - and even then think twice.
 
* I am assuming of course that it also meets the requirement that it is also Fred's personal data. If not then there is no pressure to disclose in the first place. Here you need to be mindful of the difference between data and documents. So e.g. if an email to or from Fred had an attachment which was "Bert's bank Statement" all I would be disclosing in response to Fred's SAR is that fact. I could not disclose the bank statement itself  (even though I knew Fred already had it) as that is patently not in any sense Fred's personal data.
 

Phillip Bradshaw

Information Manager
Democratic Services

Room CY4A, County Hall

EMail: [log in to unmask]

Phone:         029 2087 3346
Mobile :        07890 265987

Fax:              029 2087 3349

Fax:              029 2087 3349

You must be the change you wish to see in the world

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Trevor Pearce
Sent: 09 August 2010 11:21
To: [log in to unmask]
Subject: [data-protection] Low Level Help

We have received a subject access request from an individual (I’ll call him Fred) who has been acting as a representative for someone in a grievance procedure (I’ll call him Bert). The SAR is for all data, including emails, held in relation to Fred.

 

I have been busy redacting all the emails that have been sent to Fred, culling any mention of Bert’s case – for all I know they could have fallen out, and I think this should be regarded as Bert’s data, which Bert may put in an SAR for if they wish to receive.

 

We hold a number of emails from Fred that refer to the case. Should I also redact these emails, even though Fred is the person that sent them, to remove any reference to Bert’s case?

 

--

 

From: Trevor Pearce

Deputy Academic Registrar (Academic Services)

Tel +44 (0)20 7380 3044

Fax +44 (0)20 7380 3092

 

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