Yes, the circumstances *might* mean that the employee's interests are particularly weighty when considering the balance of interests under P2C6.
 
However, the solicitors will also know whether the circumstances warrant the seeking of a Norwich Pharmacal order to gain disclosure.
 

Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681


From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: Thursday 21 June 2012 16:29
To: [log in to unmask]
Subject: Re: [data-protection] Subject Access Requests - complaints

Agree with previous comments ( save that in an extreme case I would not rule out considering that CD6 could be satisfied e.g. if I thought the employee was at significant risk of further serious actions by the complainant, although even then I guess I would be more tempted to use s29 and notify police)  and would add that your concerns about accuracy are misconceived ( sorry couldn't think of a better term offhand !). 

The complaint you received is a fact and therefore accurate. What you need to ensure for so long as you retain this (so this is really a P5 issue, not a P4 issue) is that it is clearly linked to the subsequent findings, so that anyone seeing the complaint is immediately aware what the conclusion was.  The package together is accurate. Keeping it is fair so long as P5 necessity remains e.g. to protect employee against future simiar threats. You probably also need to restrict access (P1).

 

----- Original Message -----

From: Broom, Doreen

Sent: 06/21/12 02:54 PM

To: [log in to unmask]

Subject: [data-protection] 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]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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