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davidwyatt on 23 December 2004 at 01:09 said:-
> I would tend to lean towards your argument also. Ive also
> always understood
> that UK legislation if not faithfully reproducing the
> directive is able to
> be challenged.
Is it good law to rely upon a challenge to higher legislation. Does the UK
act support the individuals rights with regard to personnel data?
>
> Why would an employer want inaccurate personnel information
> on their files?
> Such inaccuracy will skew decision making.
Want is not the issue, priorities often skew resource allocation, and
inaccurate data results. Does the current lack of clarity affect personnel
priorities?
> Clearly inaccuracy of information in personnel files can have
> some of the
> severest of impacts for individuals and the only true way of checking
> accuracy is to involve the individual in the any assessment
> process implying
> access.
I could not agree more. The individual is the one who suffers from
inaccuracy, but some of the interpretations available post Durant can create
a place for the employer to hide any failings. Does that situation provide
good law or a fair balance?
>
> DPA is not the only legislation or regulation which comes
> into play in terms
> of needing accuracy of personnel records (aka Spring v GRE)
>
> Also arguments link to exemptions avialable under FOI do not
> appear to
> apply to Private Sector employees.
>
As pertinent an issue which appears to arise from a common sense approach,
is the observation nobody seems to be serously suggesting that the FOI
should be amended to incorporate personnel records.
> I understood Durrant ruling also is to be challenged so in
> the meantime if
> access refused and Durrant ruling subsequently overuled,
> would all past
> refused accesses by data controllers have to be revisited. ?
A challenge to Durant is really good news... What are the case details or
link?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of davidwyatt
> Sent: 23 December 2004 01:09
> To: [log in to unmask]
> Subject: Re: SAR - Employee Recs
>
>
> Richard
>
> Some general observations on the discussion points re
> application of the DPA
>
> I would tend to lean towards your argument also. Ive also
> always understood
> that UK legislation if not faithfully reproducing the
> directive is able to
> be challenged.
>
> A personnel file which cannot be linked to an employee would
> appear to have
> no function for employer.
>
> Personnel files are also unlikely to be so large that recovering
> information from them is easily acheived should an employer
> have a need.
>
> Sickness and health related data in the possession of the
> employer are part
> of a set of 'personnel' records. The changes made to the legislation
> relating to Access to medical records repealing aspect of
> past legislation
> because DPA granted access implies any interpretation being
> given to Durrant
> in terms of generally exempting personnel records is flawed.
>
> Clearly inaccuracy of information in personnel files can have
> some of the
> severest of impacts for individuals and the only true way of checking
> accuracy is to involve the individual in the any assessment
> process implying
> access.
>
> Given the communication processes in common today information
> would tend to
> travel via email which has archives and back-ups. Data easily
> recoverable by
> those with appropriate technical knowledge.
>
> Why would an employer want inaccurate personnel information
> on their files?
> Such inaccuracy will skew decision making.
>
> DPA is not the only legislation or regulation which comes
> into play in terms
> of needing accuracy of personnel records (aka Spring v GRE)
>
> Also arguments link to exemptions avialable under FOI do not
> appear to
> apply to Private Sector employees.
>
> I understood Durrant ruling also is to be challenged so in
> the meantime if
> access refused and Durrant ruling subsequently overuled,
> would all past
> refused accesses by data controllers have to be revisited. ?
>
> David Wyatt
>
>
>
> ----- Original Message -----
> From: "Talbot Richard" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Wednesday, December 22, 2004 2:13 PM
> Subject: Re: [data-protection] SAR - Employee Recs
>
>
> > In my opinion these files are not exempt post Durant. I was told at
> > college
> > that EU law was higher than British Law. Therefore the
> directive is the
> > one
> > we should be following as the UK case law has fallen below
> the level in
> > the
> > directive.
> > Richard Talbot
> > Data Protection Adviser
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Mary Liddell
> > Sent: 22 December 2004 11:15
> > To: [log in to unmask]
> > Subject: Re: [data-protection] SAR - Employee Recs
> >
> > Our policy here is to allow the individual to inspect their
> personnel
> > file.
> > If they want a copy of anything in it, we provide it at that time.
> >
> > While it's clear that unstructured personnel files are
> exempt from access,
> > we don't see any reason to irritate our employees unnecessarily.
> >
> > Mary F. Liddell
> > Data Protection and Information Officer
> > Brunel University
> >
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of
> Scourfield, Brenda
> > Sent: 22 December 2004 11:08
> > To: [log in to unmask]
> > Subject: Re: [data-protection] SAR - Employee Recs
> >
> >
> > But what if they ask to see all their file and not just the
> contract. They
> > could just browse through it.
> > Also if the file is in chronological order one would the assume the
> > application form was first, then the references, then the
> contract etc
> > etc.
> >
> > Brenda Scourfield
> > Team Leader
> > I.T. Division
> > Pembrokeshire County Council
> > County Hall
> > Haverfordwest
> > SA61 1 TP
> >
> > Tel 01437 775380
> >
> >> -----Original Message-----
> >> From: Donald Henderson [SMTP:[log in to unmask]]
> >> Sent: 22 December 2004 10:42
> >> To: [log in to unmask]
> >> Subject: Re: [data-protection] SAR - Employee Recs
> >>
> >> Because the file itself may not be structured - you might
> have to look
> >> through every one of the pages to find information about
> their contract
> >> if there was no section marked "contract of employment"....
> >>
> >> -----Original Message-----
> >> From: This list is for those interested in Data Protection issues
> >> [mailto:[log in to unmask]] On Behalf Of
> Scourfield, Brenda
> >> Sent: 22 December 2004 08:59
> >> To: [log in to unmask]
> >> Subject: Re: [data-protection] SAR - Employee Recs
> >>
> >>
> >> But if the personnel files are filed by name, a temp could find the
> >> file. If they are filed by pay number and the data subject
> supplies this
> >> number then the file could be located. If the files are
> all piled in a
> >> heap or thrown into a filing cabinet in any order a temp
> could not find
> >> the file and the data would not have to be supplied. Why
> shouldn't we
> >> disclose in the first two instances ?
> >>
> >> Brenda Scourfield
> >> Team Leader
> >> I.T. Division
> >> Pembrokeshire County Council
> >> County Hall
> >> Haverfordwest
> >> SA61 1 TP
> >>
> >> Tel 01437 775380
> >>
> >> > -----Original Message-----
> >> > From: Turner8 [SMTP:[log in to unmask]]
> >> > Sent: 22 December 2004 08:42
> >> > To: [log in to unmask]
> >> > Subject: Re: [data-protection] SAR - Employee Recs
> >> >
> >> > The policy here in MoD has always been to allow people
> access to their
> >>
> >> > files, even though there is no right through DPA (post-Durrant).
> >> >
> >> > However, if you do not allow people access to their
> files now there is
> >>
> >> > no reason to expect any change when FOI comes in. Under
> FOI there is a
> >>
> >> > specific exemption from all DPA principles for personnel matters.
> >> >
> >> > ----- Original Message -----
> >> > From: "Broom, Doreen" <[log in to unmask]>
> >> > To: <[log in to unmask]>
> >> > Sent: Tuesday, December 21, 2004 2:56 PM
> >> > Subject: [data-protection] SAR - Employee Recs
> >> >
> >> >
> >> > ***** This email was sent via the INTERNET *****
> >> >
> >> > I have just read an article that we cannot see our own employee
> >> > records. I thought we could or is it only after we have left our
> >> > employment? Been doing this job for how long and didn't know.
> >> >
> >> > Also, anyone any thoughts on when FOI comes in - someone
> has asked me
> >> > if they can ask Personnel/Human Resources if they can
> have sight of
> >> > the re-grading procedures. I would have thought this
> was OK but there
> >>
> >> > seems to be some doubt in Personnel. As always any help
> >> > appreciated.............
> >> >
> >> > Doreen
> >> > Doreen Broom
> >> > Access to Information Officer
> >> > Scottish Borders Council
> >> > Tel: 01835 826516
> >> > Fax: 01835 825041
> >> >
> >> >
> >> >
> >> >
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