In my opinion, if you have asked the contractor for their permission,
and they have in effect refused, then that could be construed as a
Section 10 objection to processing. In any event, I think it would be
very hard to justify releasing information that the contractor feels
would cause them harm and/or distress. I would release the summary (ie.
what the contractor has given their permission to release) and see what
happens from there.
Antoinette Carter
Consultant
Information Governance
Marketing and Customer Services (MCS)
Tel: ++44 (0)207 389 4970
Fax: ++44 (0)207 389 4754
Email: [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 Lynda
Sent: 21 June 2007 15:01
To: [log in to unmask]
Subject: [data-protection] Query re Subject Access Request
We've recently had a grievance placed by 2 contractors (who may well be
'workers' or employees - investigating this now) about another
postholder - a volunteer (1).
One grievance alleges bullying, harassment and defamatory emails
designed to discredit and undermine and is backed up by several written
documents and copies of emails illustrating this. There is also a
further grievance from another contractor alleging similar and an email
from another volunteer (2) at managerial level who is aware of the
situation and is giving full support to the grievance. The grievance is
ongoing currently
We have now recieved an email from the volunteer (1) demanding to see
full copies of the emails from the 3 individuals above otherwise they're
threatening to put in a Subject Access Request. They are aware of the
emails and names of individuals who sent them due to a breach of
confidentiality which we're currently addressing. The contractors have
given us permission to send the volunteer (1) a summary of the content
of these emails but do not give us permission to send the emails in
their entirety. They are worried about further bullying and harassment
if their emails are forwarded.
In view of what the volunteer (1) already knows, it is impossible for us
to anonymise the emails by removing the name of the contractor and any
identifying data as the volunteer (1) will know who wrote them.
I'm aware that there is a duty of confidentiality between employer and
employee but not sure how this applies to employer and contractor in
this
situation.
Does anyone have any advice to offer? We don't have a lot of experience
in this field! Are we entitled to withhold the emails should a SAR be
submitted and should we even send a summary at this point? We will
obviously be summarising them to use as supportive evidence during
grievance meeting.
Thanks in advance
Lynda
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