Print

Print


Hi

 

I've been doing a lot of digging around and reading various guidance
(not helped because the ICO website has been playing up for the last
couple of days!) but would be grateful for the views of any of the
learned people who frequent this mailing list!

 

If an investigation is under way which could lead to disciplinary
proceedings against an employee (let's call her 'Wilma' for reference),
and 'Wilma' submits a subject access request - but before the decision
to discipline is confirmed and therefore before any hearing can take
place, would it be appropriate to not provide copies of investigation
notes, witness notes/statements, etc? 

 

These would be provided eventually if a disciplinary process commences
but that will not be before the expiry of the 40 days limit in any case.
It is arguable that the witness statements could not be provided under
DPA anyway as these would contain information relating to a third party
which when redacted could become meaningless?

 

Any thoughts would be gratefully received.

 

Thanks

 

Terry

 

 

 

 

 

Terry Hutchinson

Head of Registry

Registry S4900

 

  

 

Doncaster College

The Hub

Chappell Drive

Doncaster

DN1 2RF

 

Tel: 01302 553967

 

Information & Guidance: 0800 358 7575     Website: www.don.ac.uk
<http://www.don.ac.uk/> 

 

Breach of confidentiality & accidental breach of confidentiality

All emails and any files transmitted with them are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received an email in error please notify your
system manager. The message in the email you have received contains
confidential information and is intended only for the individual named.
If you are not the the named addressee you should not disseminate,
distribute or copy the email. Please notify the sender immediately by
email if you have received an email by mistake and delete the email from
your system. If you are not the intended recipient you are notified that
disclosing, copying, distributing or taking any action in reliance on
the contents of the information is strictly prohibited.

 

Transmission of viruses

Warning: Computer viruses can be transmitted by email. The recipient
should check all email and any attachments for the presence of viruses.
The sender accepts no liability for damage caused by any virus
transmitted by this email. Email transmission cannot be guaranteed to be
secure or error-free as information can be intercepted, corrupted, lost,
destroyed, arrive late or incomplete, or contain viruses. The sender
therefore does not accept liability for any errors or omissions in the
contents of the message, which arise as a result of email transmission.

 


^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     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
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^