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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