Dear All,
I am in a Friday overthink mode.
Applicant makes a complaint to Council regarding Mr. X and Mrs Y. Officers handle complaint, they send various emails to find information about complaint and resolve it. Officers contact applicant to clarify complaint and discuss the issues in more detail including 3rd parties, ie what was done by Mr. X and what Mrs Y. had done. Officers finish investigation, write report and suggest letter be sent to applicant closing the complaint. Council sends an applicant a letter closing the complaint and explaining the decision, which makes reference to Mr. X and Mrs. Y.
Applicant submits SAR request 6 weeks later asking for all personal information held by the council regarding the complaint and how it was handled.
I have read ico guidance on complaints files and here is the over think. Do I send the letters used to update the applicant and the final letter unredacted. Or, do I redact them because they now contain the personal information of the 3rd parties Mr. X and Mrs Y as per a strict reading of s. 7(5) Or, do I take a view towards 7(4) (b) to consider the reasonableness to disclose the 3rd party information because the applicant already has the letters.
Do I read this strictly as a data controller and take a clean slate approach. It does not matter that the letters were disclosed previously, the tests set out in 7(6) cannot be met and thus the information cannot be disclosed.
Best,
Lawrence
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