I'm a bit confused by the references in several response to Schedule 2.
Does responding to a SAR count as processing? I thought a SAR would be
dealt with solely under s. 7(4) where the test is that either you have the
third party's consent, or it is 'reasonable in all the circumstances to
comply with the [disclosure] request without the consent of the other
individual'. Under natural justice, do people not have the right to know
what they are being accused of? Could it not, therefore, be reasonable to
disclose the complaint without the complainant's consent?
Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB
For continuous priority support on Data Protection, sign up to my support
service:
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----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 21, 2012 2:54 PM
Subject: Subject Access Requests - complaints
Hi
In a bit of a quandary here. We have an employee who had a complaint made
against him (probably vindictive) and employers found no case to answer.
Complainant trying to ruin a career. Now the employee's solicitors have
written to ask for a copy of the complaint letter (data subject knows who
the person is) but they want the letter and his details to be able to write
to him asking him to desist from doing this.
I was at a conference recently and am sure ICO's Office said that we
couldn't disclose complaints. However, surely this is at odds with DP i.e.
a data subject is entitled to have inaccurate data amended. It may be that
the letter could just be taken off the file. I am just a bit wary about
disclosing.
Any views appreciated.
Regards
Doreen
Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [log in to unmask]<mailto:[log in to unmask]>
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