Print

Print
Sounds like the emails are actually not the personal data of the data subject - they fail the Durant test since they are work related and do not have the subject as their focus.
 
Donald Henderson
Information Compliance Manager
Perth and Kinross Council

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ray Cooke
Sent: 02 June 2011 12:04
To: [log in to unmask]
Subject: [data-protection] 3rd party data known to SAR applicant

All,

I'd appreciate any thoughts from all you experienced folk out there on this one.

Scenario is this.  Data subject (staff) makes subject access request.  Emails to and from the data subject deal with 3rd party disciplinary and grievance issues sent to data subject in the course of work.  Some of the stuff is sensitive data.  Question is - should the 3rd party data be redacted out in responding to the SAR even though the data subject has seen it and may even still have access to email copies? 

I've taken the view that it is not appropriate or reasonable to leave this type of 3rd party data unredacted in supplying copies under SAR even though the data subject will have seen the material and indeed may have retained it within a work context.

Is this the right approach to take in this particular circumstance?

Grateful for any views on this.

Ray Cooke


All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)

Securing the future... - Improving services - Enhancing quality of
life - Making best use of public resources.

The information in this email is solely for the intended recipients.

If you are not an intended recipient, you must not disclose, copy,
or distribute its contents or use them in any way: please advise
the sender immediately and delete this email.

Perth & Kinross Council, Live Active Leisure Limited and
TACTRAN do not warrant that this email or any attachments are
virus-free and does not accept any liability for any loss or damage
resulting from any virus infection. Perth & Kinross Council may
monitor or examine any emails received by its email system.

The information contained in this email may not be the views of
Perth & Kinross Council, Live Active Leisure Limited or TACTRAN.
It is possible for email to be falsified and the sender cannot be
held responsible for the integrity of the information contained in it.

Requests to Perth & Kinross Council under the Freedom of
Information (Scotland) Act should be directed to the Freedom of
Information Team - email: [log in to unmask]

General enquiries to Perth & Kinross Council should be made to
[log in to unmask] or 01738 475000.

General enquiries to Live Active Leisure Limited should be made
to
[log in to unmask] or 01738 492440.

General enquiries to TACTRAN should be made to
[log in to unmask] or 01738 475775.

Securing the future... - Improving services - Enhancing quality of
life - Making best use of public resources.


All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html

Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):

All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]

Any queries about sending or receiving messages please send to the list owner [log in to unmask]

(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)