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DATA-PROTECTION  2004

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Subject:

Re: Consent

From:

"Tinsley, Chris" <[log in to unmask]>

Reply-To:

Tinsley, Chris

Date:

Wed, 20 Oct 2004 14:24:08 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (159 lines)

I think we may be missing the point here.  The promotions board are not
third parties, they are clearly acting on behalf of the data controller as
either employees or agents, so the have no way of hiding behind
confidentiality.  Let them be responsible for their decisions.

Chris Tinsley
Wiltshire County Council

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Duncan Smith
Sent: 20 October 2004 13:19
To: [log in to unmask]
Subject: Re: [data-protection] Consent

----------------------------------------------------------------
The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential and/or privileged
material.  Any review, retransmission, dissemination or other use of, or
taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited.  If you received
this in error, please contact the sender and delete the material from any
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The information contained in this correspondence is not intended as legal
advice or counsel, and is not represented as such by the sender.  iCompli
Ltd. makes no warranties or statements regarding the legal acceptability of
the information presented in this correspondence.  Any actions performed as
a result of this information are of the recipient's own choosing.
----------------------------------------------------------------------------
-------------------

Gwenan,

We recently gave a presentation to HR decision makers on the subject of
Confidentiality and recent case law.  You may find the slides useful, and
can be downloaded here: http://www.icompli.co.uk/latestnews/view.asp?nID=29

Of particular interest to you here will be the Johnson v MDU ruling which
(amongst other things) gives us some guidance on disclosure of third party
information.  

The main point made was "Begin with the presumption that information
relating to a third party should NOT be disclosed without consent", then
consider whether the data subject's desire for information outweighs your
duty of confidentiality to the third party.  This judgement is not easy and
will require tests of reasonableness and proportionality (see slides).

TICO guidance on this (in the employment code of practice) may have to be
revised as their flow chart suggests that it is ok to withhold information
without carrying out the judgements mentioned above.

 
Regards,

Duncan S Smith
Managing Director
iCompli Limited   Northampton  UK
T: 08707 70 48 66  F: 08707 70 48 69  M: 07775 56 81 80
Mailto:[log in to unmask]   Web: www.icompli.co.uk
"Compliance in your language"


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Gwenan Owen
Sent: 18 October 2004 13:08
To: [log in to unmask]
Subject: [data-protection] Consent


I'd be grateful for the list's opinion on the following:

I've received a SAR from a member of staff following an unsucessful 
promotions attempt. The staff member specified that they were only 
interested in documents relating to the promotions committee's 
deliberations of their case.

As part of our promotions committee procedures members of the committee 
are given sheets where they "rank" individuals, having read through the 
individuals' submissions and any references. The promotions committee 
members were not told in 2004 that their comments might be made 
available to the individual concerned (something we are going to change 
for the 2005 round). Because of this I decided that I would need consent 
from the promotions committee members to show their ranking sheets to 
the individual, most have agreed a few have not and they've been withheld.

The data subject has challenged my view on this by saying that the 
process should be completely transparent, that there is no need for me 
to ask for consent from the committee members and the ranking sheets 
should be made available to him.

I would be grateful of the list's view on this ...

thanks
Gwenan
-- 
______________________________________________________________________

Gwenan Owen

Rheolwr Cofnodion y Brifysgol/University Records Manager, Gwasanaeth
Llyfrgell, Archifau a Rheoli Cofnodion/ Library, Archives and Records
Management Service Gwasanaethau Gwybodaeth/Information Services, Prifysgol
Cymru, Bangor/University of Wales, Bangor, Ffordd y Coleg/College Road,
Bangor, Gwynedd LL57 2DG, UK

ffn/tel: (01248) 38 2413
ffacs/fax: (01248) 38 8194

[log in to unmask]
______________________________________________________________________

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