I'm not sure what you meant by 'workings', David? (I take it the 'examination' exemption has no relevance here, and we're talking about handwritten material or other data only stored on paper.) Surely in the everyday context workings in calculations done for work won't be personal data related to the employee unless they are stored in some way that makes them "readily accessible" by reference to the employee. I suppose if you have some kind of index to track the work done by each employee they would. If, on the other hand, to relate the work to the employee in that way would take a laborious exercise which you would only do in exceptional circumstances, arguably it would only become personal data in that way when you make it so by carrying out the exercise.

I hope this understanding is right - the idea that when I do a benefit calculation or whatever it could be part of 2 sets of personal data even though it's filed by reference to one hardly bears thinking about!

Paul Hubert

> -----Original Message-----
> From: David Logan [SMTP:[log in to unmask]]
> Sent: Friday, November 23, 2001 9:24 AM
> To:   [log in to unmask]
> Subject:      Re: Definition of Personal Data ("Return of the Jotters")
>
> Yes, they could be either or both. I suspect the Act was never intended to
> refer to, say, work in progress by an employee for an employer, but, there
> may be an argument that, strictly, such material would be covered. What then
> of, for instance, confidential material given the limited exemptions to
> subject access requests as set out primarily in Sch 7 to the Act?
>
> David Logan.
>
> -----Original Message-----
> From: Ian Welton [mailto:[log in to unmask]]
> Sent: 22 November 2001 20:06
> To: [log in to unmask]
> Subject: Re: Definition of Personal Data ("Return of the Jotters")
>
>
> David Logan on 21 November 2001 at 17:53 said:-
>
> > are the workings of an employee personal data
>
> Would those workings be classed as part of a work record of the employee or
> used in any disciplinary proceedings against the employee?
>
> Ian W.
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of David Logan
> > Sent: 21 November 2001 17:53
> > To: [log in to unmask]
> > Subject: Definition of Personal Data ("Return of the Jotters")
> >
> >
> > Recently I asked whether pupils' school jotters could be said
> > to be personal
> > data. While I may not have agreed with all replies I am
> > grateful to everyone
> > who took the time to give me comments.
> >
> > A related issue has arisen :
> > are the workings of an employee personal data, and if so, to
> > what extent can
> > access to the whole data be refused by the employer?
> >
> > What material would be covered by the answer given (e.g.
> > letters issued,
> > e-mails sent,etc)? Must the workings be "related to" the data
> > subject in the
> > sense that they have something to do with the employee more
> > than that the
> > employee happens to be the author of the material?
> >
> > David Logan
> > Principal Solicitor
> > West Dunbartonshire Council
> >
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