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
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