After deciding not to disclose a management investigation, having taken
Section 7 (4) into account, we were challenged by a rep for the data subject
quoting Equality of Arms under article 6 of the Human rights act. This says
The Right to a Fair Trial (Article 6) provides certain basic rights which
must be accorded to those standing trial. The Court of Human Rights has
interpreted Article 6 as requiring that both sides have a reasonable
opportunity to present their case. At its most basic it means that a level
playing field is necessary for a trial to be fair.
The argument being that we should disclose so both sides can have all the
material. Does anyone have a view? Is an internal disciplinary the same as
a trial?
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