In a message dated 11/11/05 11:41:58 GMT Standard Time,
[log in to unmask] writes:
> Further to Ian Buckland's (KIT Legal) comments note that for public
> authorities the extension to the data definitions in the Data Protection
> Act by the Freedom of Information Act in relation to unstructured data
> may mean that references held in personnel files are not exempt under
> the Durant guidelines if the person indicates they want data held in
> their personnel file as part of their SAR.
------
Sorry to disagree, but personnel files held by public sector organisations
are not covered by the FoI amendment to the DPA. You will find that staff
records in the public sector are to be treated in just the same way as those in
private businesses. Therefore the Durant rule will apply to all personnel
records wherever they are held.
As I said before, I would disclose - but under Durant, there is an opt-out
that would stand the test of court action. I don't know of any Personnel (sorry
Human Resources) Department that has a structure to their manual filing
system that would definitely be caught by the new definition, and I have seen
private and public sector systems.
Whether one should disclose is a different question to whether one must.
Maybe we are approaching the ICO's early comments about a common sense approach.
Hands up all those who would disclose, even if the referee didn't want you to
.
Me, for one, but it's personal policy not the law that dictates.
Ian B
Ian Buckland
Keep I.T. Legal Ltd
(Reg: 3822335)
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