I would say an opinion can easily cause distress and often substantial
damamge. The question must be whether the opinion can be justified.
An example, 'in my opinion your work is below standard and as a result I'm
not recommending you for a bonus'.
To an individual who has given their all this is very likely to be
distressing and will obviously cause financial damage. The question is
whether the opinion has a basis in fact or can in any way be justified in
any way eg 'compared to the rest of the Department your work is below par.'
rgds,
Kevin Broadfoot
-----Original Message-----
From: Edwina Withe [mailto:[log in to unmask]]
Sent: 18 November 2003 11:59 AM
To: [log in to unmask]
Subject: [data-protection] Section 10 notice
I note that section 10 says substantial damage or distress. What is the
test of substantial damage or distress? Can a matter of opinion cause
substantial damage or distress? Wouldnt the data subject have to be
very specific about what he objects to?
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