There is some really good guidance and examples in the recent guidance document issues by the ICO about releasing information in complaint files which can be found at http://www.ico.gov.uk/~/media/documents/library/Data_Protection/Practical_application/access_to_information_held_in_complaint_files.ashx
Big difficulty as you have said is that the person recording the comment is in a public facing role and their identity would reasonably be known irrespective of whether you redact any names. You could go down the consent route, if the author does not give consent and they have real concerns as to their safety, then you could argue that it is not reasonable in all circumstances to release in the absence of consent. My view is that unless there is very real evidence that releasing this information will endanger the author I believe that you have no option but to release it.
Piers
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Steve Hunter
Sent: 06 October 2011 14:41
To: [log in to unmask]
Subject: [data-protection] Subject Access/Health & Safety Query
Hi all
Need your help/views on a potential scenario.
Customer X is currently going through a complaint and as a result he is refusing to pay for his services. During the investigation and processing of his complaint, the individual has become irate with the way his request has been handled and has visited our premises on several occasions appearing angry and demanding to speak to senior managers - who have had to cool him down. This behaviour has been reflected in his phone calls to our Income/Finance team who are dealing with his bill. At times, calls have had to be terminated. On one day he spoke with an employee and there was an exchange about his unpaid bill. Following the telephone conversation, the member of staff on her file note suggests that the 'customer is arrogant'.
Surprise, surprise - Customer X submits a Subject Access request. Due to his previous behaviour, the service manager and the manager who met with him on the last occasion are concerned (due to his previous behaviour) that he could pose a health and safety risk to the author of the comment. I'm of the view that no exemption under the DPA or the wording of Section 7-9 offers us any help in this case, however the Service Manager and our H&S Officer are keen to see the duty to protect the H&S of the employee override the access rights of individual and suggest that this comment should be redacted. Is there anything under the Act that could allow for this? I am under the impression there isn't and I feel that the information should be disclosed. After all, staff are advised not to make such comments.
Redacting the name of the employee is futile, as the individual will know who he has spoken to at the time.
Any thoughts?
Could the individual serve a Section 10 notice due to the potential damage to them or the distress/fear of reprisals?
Thanks
Steve
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