I would not advise that an organisation give consent obo an employee, except in case of normally publicly-disclosed data, such as a corporate email address.

M

Sent from my iPad

On 5 Oct 2015, at 12:56, Paul Ticher <[log in to unmask]> wrote:

Colleagues,
 
As we know, section 7 of the Act says, in part:
(4) Where a data controller cannot comply with the [subject access] request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless—
(a) the other individual has consented to the disclosure of the information to the person making the request, or
(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual.
 
Note that the third party has to be an individual, not an organisation.  However, where information has been received from an organisation, it appears to me to be common practice to seek consent from the organisation on behalf of the individuals who work for it, rather than from the individuals themselves.
 
Is that others' experience?
 
Or is the request to the organisation based on some provision other than s.7?

Best wishes,

Paul


Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB

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