Peter Wilson wrote:
>Hypothetical Scenario : Company holds a file (containing
>statements etc.police not involved)on alleged harassment
>incident -Not proven. Company wants to hold on to file in case
>it happens again. Where does company stand on subject access
>request? Can they withhold file under S29? What does the panel
>think? Peter
I agree with point 4 of J F Hitches' memo and with Leif Wilks final comment
on holding on to this type of data.
Hypothetical questions are difficult to answer because they lack detail:
even on a generous interpretation of the question, I would suggest that s.29
is of no assistance because the company would still have to comply with that
part of the 1st data protection principle which requires compliance with a
condition set out in Schedule 2 and/or 3 of the Act. It seems likely that
none of these, other than consent, will apply.
Jonathan Dawson (Solicitor)
----- Original Message -----
From: Peter Wilson <[log in to unmask]>
To: <[log in to unmask]>
Sent: 10 July 2000 11:05
Subject: Alleged Sexual Harrassment - DPA Exemption
> Hypothetical Scenario : Company holds a file (containing statements
> etc.police not involved)on alleged harassment incident -Not proven.
> Company wants to hold on to file in case it happens again. Where does
> company stand on subject access request? Can they withhold file under
> S29? What does the panel think?
> Peter
>
>
>
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