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DATA-PROTECTION  2004

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Subject:

Re: Access Request .........a Friday one....... ....

From:

Tim Trent <[log in to unmask]>

Reply-To:

Tim Trent <[log in to unmask]>

Date:

Fri, 1 Oct 2004 15:30:10 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (183 lines)

Now "Natural Justice" and disciplinary hearings have very little in common.
Ata disciplinary hearing you may, for the purposes of the hearing, see the
allegations and evidence against you.  But your accuser(s) may elect to
withhold their identity.

Such behaviour in a court of law would not be tolerated.

OK, I have digressed.  But I should be writing a presentation

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Mandi Barron
Sent: Friday, October 01, 2004 3:09 PM
To: [log in to unmask]
Subject: Re: [data-protection] Access Request .........a Friday one.......
....

A further dimension which, without knowing the exact details I may have
misinterpreted. but ..

If the complaint alleges that someone is performing their job improperly
- and perhaps illegally? - surely Human Rights and natural justice allows
the chance to respond to the allegations, and therefore they need to be
aware of what they are. If it is a job related issued, then it should be
passed to the employer to deal with and if it relates to a criminal matter
it should be passed to the police for action.

Unfortunately, not knowing the workings of the council, I'm not sure if it
is common practice to get complaints about members of the public - but I
don't know what you can do in response to someone who is not 'within your
control' so to speak. What exactly does the complainant want you to do with
their complaint

What I'm really trying to say is - is it appropriate for the council to hold
this letter at all, or should it be either destroyed or passed to the
relevant person for further action

Mandi Barron
Assistant Registrar (Regulation)
Registry
Bournemouth University
1st Floor Heron House
Christchurch Road
Bournemouth
BH1 3NA
*+44 (0) 1202 464783   Fax: +44 (0) 1202 503869
*  [log in to unmask]

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: Friday, October 01, 2004 2:44 PM
To: [log in to unmask]
Subject: Re: [data-protection] Access Request .........a Friday one.......
....

One has to look, here at several aspects.  I am going to play devil's
advocate, since it is Friday.

When the person lodged the complaint were they made aware that their letter
of complaint might be passed in whole or in part to the person complained
of, and if so under what circumstances?  I do know that by removing their
perosnal details it might be argued that the data passed was insufficient to
identify a loving individual, but one might also argue that, even with
identity expunged, the content of the letter might of itself identify the
writer!  Now the person complained of is a third party, so passing that data
to the third party might well be inappropriate for solely that reason.

Let us assume you choose not to disclose.  Who is being protected by non
disclosure and why is that protection warranted, and what are they being
protected against?  Is there a fisticuff likely to take place?  In which
case, ignoring who is in the right totally, is it lawful to disclose
"knowing" that a fisticuff might well ensue?

I think I might take the entire 40 days to disclose it, you know.  And bring
forward whatever hearing is to happen to be in that timeframe too.

Or, more reasonably, I would delegate this to my lawyer.

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: Friday, October 01, 2004 2:31 PM
To: [log in to unmask]
Subject: Re: [data-protection] Access Request .........a Friday one.......
....

***** This email was sent via the INTERNET *****

It goes under staff issues and is amongst several.....................

        -----Original Message-----
        From:   Tim Trent [SMTP:[log in to unmask]]
        Sent:   01 October 2004 14:19
        To:     [log in to unmask]
        Subject:        Re: Access Request .........a Friday one.......
....

        ***** This email was received from the INTERNET *****

        Disclosure is unavoidable.  Provided, of course, that the letter is
in a
        filing system capable of systematic retrieval, not exempted by
Durant, and
        that the systematic retrieval is with reference to the SAR issuer.

        It reminds me in many ways of objections to planning permission,
which the
        applicant is entitled to see, seemingly without the objector's name
being
        expunged

        -----Original Message-----
        From: This list is for those interested in Data Protection issues
        [mailto:[log in to unmask]] On Behalf Of Broom, Doreen
        Sent: Friday, October 01, 2004 2:12 PM
        To: [log in to unmask]
        Subject: Re: [data-protection] Access Request .........a Friday
one.......
        ....

        ***** This email was sent via the INTERNET *****

        Further info.........this is a minefield................it is the
person's
        ex-partner making the allegations - person is a school bus driver -
so you
        can imagine the allegations...and there have been assaults etc.on
the driver
        by the ex-partner's family.  I think we have to disclose but will
re-type
        the letter.
        What do you all think?
        D


                -----Original Message-----
                From:   Ian Mansbach [SMTP:[log in to unmask]]

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