JiscMail Logo
Email discussion lists for the UK Education and Research communities

Help for DATA-PROTECTION Archives


DATA-PROTECTION Archives

DATA-PROTECTION Archives


data-protection@JISCMAIL.AC.UK


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

DATA-PROTECTION Home

DATA-PROTECTION Home

DATA-PROTECTION  January 2007

DATA-PROTECTION January 2007

Options

Subscribe or Unsubscribe

Subscribe or Unsubscribe

Log In

Log In

Get Password

Get Password

Subject:

Re: Are 3rd party interview notes personal data ?

From:

"Broom, Doreen" <[log in to unmask]>

Reply-To:

Broom, Doreen

Date:

Fri, 5 Jan 2007 10:01:43 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (352 lines)

Yes Julie, I normally do use the exemptions as I had such a request and
said that we owed the duty to the 3rd party(ies).
D 

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Julie Gibbs
Sent: 05 January 2007 09:52
To: [log in to unmask]
Subject: Re: Are 3rd party interview notes personal data ?

I agree with Tim and Paul and it reaffirms the ICO code of practice.
The information is accessible at any point if it meets all the criteria,
ie it's personal data related to the subject requesting it and it's not
exempt.  Fortunately, I haven't had to deal with such a request but
Doreen obviously has and her policy has presumably not been challenged.
I would stand by using appropriate exemptions rather than relying on a
policy.

Julie Gibbs
Information Officer
Crewe & Nantwich Borough Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 05 January 2007 08:25
To: [log in to unmask]
Subject: Re: [data-protection] Are 3rd party interview notes personal
data ?

The crucial issue is the one raised by Paul Ticher i.e. is it personal
data?
Having a policy is very helpful in terms of ensuring consistency, but
that policy can only be framed within the parameters of the law. I may
have misunderstood the previous post, but it seemed to imply that you
wouldn't let employees have data unless they went to a disciplinary
hearing. I don't see how a policy would allow anyone to do this.

If an employee asks for personal data, the data is held and it's not
exempt, no policy can supersedes Section 7. A data controller cannot
arbitrarily say to its employees "you can't have this data until /
unless..." - you can charge them a fee, make them prove their identity
if you really want to (never succumbed to this temptation with a current
employee myself), but I don't see how any policy could prevent subject
access. So the question comes back to the beginning - is it personal
data? If it isn't, or more importantly, if it is someone else's data,
they can't have it unless it's accessible under FOI. I've certainly
refused to give a person information in these circumstances, but because
I thought that on balance it was data about the interviewee, not the
person asking for it.

Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: Thu 04 January 2007 17:22
To: [log in to unmask]
Subject: Re: [data-protection] Are 3rd party interview notes personal
data?

I think that if they were formulating an investigation - then the notes
must be in one place (probbaly easily identifiable in a file) as someone
would have to make a decision eventually and most statements are done
electronically anyway. 
When I did DP when we did not hold all HR records electronically and
whenever I had an SAR - sorry we can't oblige as the notes are only held
in manual format...we don't want to go there.
It surely must be personal data if it is someone making a statement
against another member of staff.  As I keep banging on - if you have a
policy in place and staff are aware then there can be no repercussions.
Doreen


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 04 January 2007 16:58
To: [log in to unmask]
Subject: Re: Are 3rd party interview notes personal data?

I think you have to establish:
    1)    Are the notes data?
    2)    Are the interviewees third parties?
    3)    If not, does any other exemption from access apply?

If the interview notes are held on paper in a working file relating to
the grievance and are not part of a system (or are not systematically
organised), then in light of Durant they may not be data.  Therefore
there would be no right of access.

Normally an employee is an agent of the Data Controller, not a third
party. 
So you have to establish whether the interviewees are acting on their
own account or the organisation's.  A colleague giving evidence about an
incident might well be acting on their own account (especially perhaps
if they had some leeway over whether to participate or not), while a
line manager explaining their management of the individual is more
likely to be acting in an official capacity.  In the latter case the
line manager would probably not be a third party, so the third party
exemption from access could not apply.  In the former case the
interviewees could withhold consent to the notes being shown; if this
refusal is "reasonable" the notes would be exempt from access.

It seems to me unlikely that the 'management forecasts', 'negotiations'
or 'legal professional privilege' exemptions from access (see Schedule 7
of the
Act) could apply, but it may be worth checking.

However, natural justice normally demands that someone should know who
is accusing them of what.  Even if there is a potential exemption from
access, I would have thought you would have to have good grounds on
which to deny it.  For example you might conclude that providing access
could be to the serious detriment of the interviewees and this
outweighed the interests of the individual pursuing the grievance in
knowing what had been said.


Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB

I hereby require any recipient of this message not to use my personal
data for direct marketing purposes.


----- Original Message -----
From: <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, January 04, 2007 4:09 PM
Subject: Are 3rd party interview notes personal data?


> If members of our staff are interviewed in connection with a grievance

> concerning another member of staff (A) are the notes of those
interviews
> classed as A's personal data? In other words, is A entitled to see
them?
>
> Hilary Lawrenson, Data Protection Officer National Probation Service -

> South Yorkshire Head Office
> 45 Division Street
> Sheffield, S1 4GE
>
> Tel 0114 276 6911
> Fax 0114 276 1967
> **********************************************************************
> This email & any files transmitted with it are private & intended
solely 
> for the use of the individual or entity to whom they are addressed. If
you 
> are not the intended recipient, the e-mail & any attachments have been

> transmitted to you in error & any copying, distribution or use of the 
> information contained in them is strictly prohibited.
>
> The National Probation Service may monitor the content of the e-mails
sent 
> & received via its network for the purposes of ensuring compliance
with 
> its policies & procedures.
>
> Any views or opinions presented are only those of the author & not
those 
> of the National Probation Service.
> **********************************************************************
>
>
>
> This message has been checked for all email viruses by the Cable & 
> Wireless Email Protection Service.
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>     All archives of messages are stored permanently and are
>      available to the world wide web community at large at
>      http://www.jiscmail.ac.uk/lists/data-protection.html
>     If you wish to leave this list please send the command
>       leave data-protection to [log in to unmask] All user 
> commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving messages please send to the
list 
> owner
>              [log in to unmask]
>  Full help Desk - please email [log in to unmask] describing your

> needs
>        To receive these emails in HTML format send the command:
>         SET data-protection HTML to [log in to unmask]
>   (all commands go to [log in to unmask] not the list please)
>    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> 

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask] All user
commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list
owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your
needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
On entering the GSI, this email was scanned for viruses by the
Government Secure Intranet (GSi) virus scanning service supplied
exclusively by Cable & Wireless in partnership with MessageLabs.
In case of problems, please call your organisational IT Helpdesk.
The MessageLabs Anti Virus Service is the first managed service to
achieve the CSIA Claims Tested Mark (CCTM Certificate Number
2006/04/0007), the UK Government quality mark initiative for information
security products and services.  For more information about this please
visit www.cctmark.gov.uk

********************************************************************
* This email is privileged, confidential and subject to copyright. *
* Any unauthorised use or disclosure of its content is prohibited. *
* The views expressed in this communication may not necessarily    *
* be the views held by Scottish Borders Council.                   *
* Please be aware that any email sent or received by the Council   *
* may require to be disclosed by the Council under the provisions  *
* of the Freedom of Information (Scotland) Act 2002.               *
********************************************************************

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask] All user
commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list
owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your
needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. If you have received this email in error please notify the
system manager.

This footnote also confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses using Sophos anti-virus
software.

www.mimesweeper.com
www.sophos.com
**********************************************************************

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask] All user
commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list
owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your
needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

--
This message has been scanned for viruses and dangerous content by
IC-MailScanner, and is believed to be clean.

For queries or information please contact:-

=================================
Internet Central Technical Support


 http://www.netcentral.co.uk
=================================

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask] All user
commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list
owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your
needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
On entering the GSI, this email was scanned for viruses by the
Government Secure Intranet (GSi) virus scanning service supplied
exclusively by Cable & Wireless in partnership with MessageLabs.
In case of problems, please call your organisational IT Helpdesk.
The MessageLabs Anti Virus Service is the first managed service to
achieve the CSIA Claims Tested Mark (CCTM Certificate Number
2006/04/0007), the UK Government quality mark initiative for information
security products and services.  For more information about this please
visit www.cctmark.gov.uk

********************************************************************
* This email is privileged, confidential and subject to copyright. *
* Any unauthorised use or disclosure of its content is prohibited. *
* The views expressed in this communication may not necessarily    *
* be the views held by Scottish Borders Council.                   *
* Please be aware that any email sent or received by the Council   *
* may require to be disclosed by the Council under the provisions  *
* of the Freedom of Information (Scotland) Act 2002.               *
********************************************************************

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
     If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
 Any queries about sending or receiving messages please send to the list owner
              [log in to unmask]
  Full help Desk - please email [log in to unmask] describing your needs
        To receive these emails in HTML format send the command:
         SET data-protection HTML to [log in to unmask]
   (all commands go to [log in to unmask] not the list please)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Top of Message | Previous Page | Permalink

JiscMail Tools


RSS Feeds and Sharing


Advanced Options


Archives

October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
2006
2005
2004
2003
2002
2001
2000
1999
1998


JiscMail is a Jisc service.

View our service policies at https://www.jiscmail.ac.uk/policyandsecurity/ and Jisc's privacy policy at https://www.jisc.ac.uk/website/privacy-notice

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager