I agree - either there is an exemption to the right of subject access or
there isn't. The sensitivity of the situation is irrelevant. All that
matters is if you've got a relevant section of the Act.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Matthew Cooper
Sent: Tue 02 September 2008 15:48
To: [log in to unmask]
Subject: Re: [data-protection] staff investigations
The question is withheld under what? I can't find anything that would
allow us to do it and although logically it would make sense to not
disclose if this would prejudice the investigation I cant find the legal
route to withhold disclosure and I don't think one exists?
Matt Cooper
Records and Information Manager
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Alan Stead
Sent: 02 September 2008 15:35
To: [log in to unmask]
Subject: Re: [data-protection] staff investigations
As usual I would have to agree with Doreen If the release of the
information would prejudice the investigation then it can be withheld
but if a witness supplies evidence which he/she/it is not willing to be
given to the defendant then it cannot be used as evidence as the
defendant has to have to opportunity to question the statements and also
the reliability of the statement issued (Well he complains about
everyone etc)
Regards
Alan
Alan Stead
IMTS
Ravenshead
Nottingham
01623 400497 or
07882 241908
Quoting "Broom, Doreen" <[log in to unmask]>:
> The information is exempted from SAR at the Investigation stage but if
> it goes to disciplinary then all will be revealed.
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Turner
> Sent: 02 September 2008 14:36
> To: [log in to unmask]
> Subject: Re: staff investigations
>
> I have (probably controversially) argued that some information
provided
> about a person during a disciplinary investigation is confidential.
This
> is in situations where a person has been told that what is said in the
> interview will be treated confidentially. Section 7 (6) says that we
can
> bear in mind "any duty of confidentiality owed to the other
individual".
> Having said that, this won't be relevant in some cases, and won't be
> relevant to a great deal of the information.
>
> In general terms, with this one possible exemption and only if it is
> legitimately employed, I think you're right - there's no exemption for
> disciplinary. All of the most difficult SARs I have dealt with have
been
> staff facing disciplinaries, and I have given out the vast majority of
> what was requested.
>
> Cheers
>
> Tim Turner
> Wigan Council
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Matt Cooper
> Sent: Tue 02 September 2008 14:23
> To: [log in to unmask]
> Subject: [data-protection] staff investigations
>
> I just wanted to check with list members that I havent missed
something
> on an issue that has arisen here.
>
> I have received a SAR from a member of staff who is currently subject
to
> a misconduct investigation. I have gone to HR to gather the
information
> but a question has arose as to whether its appropriate to provide
> information about the individual whilst the misconduct investigation
> remains ongoing.
>
> I have advised that there is no exemption to prevent release under DP
of
> information collected during the investigation (other than removing
> third party data, cat e data under the exemption etc).
>
> I just wanted to double check I wasn't missing something obvious? Im
> anticipating an argument that release at this stage may hinder the
> investigation but can't see any exemptions to refuse to release such
> information under a SAR?
>
> Grateful for a second opinion
>
> Best regards
>
> Matt Cooper
> University of Wales, Newport
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
>
************************************************************************
> ********************************************************************
>>> Corporate Disclaimer<<
> **********************************************************************
> 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
> Proofpoint for the presence of computer viruses using F-Secure
> anti-virus software.
>
> www.proofpoint.com
> www.f-secure.com
> **********************************************************************
>
> Wigan is an excellent council
> Awarded 4-stars by the Audit Commission
>
> **********************************************************************
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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 was received from the INTERNET and scanned by the
Government
> Secure Intranet anti-virus service supplied by Cable&Wireless in
> partnership with MessageLabs. (CCTM Certificate Number 2007/11/0032.)
In
> case of problems, please call your organisation's IT Helpdesk.
> Communications via the GSi may be automatically logged, monitored
and/or
> recorded for legal purposes.
>
> **********************************************************************
> This email and any files transmitted with it are privileged,
> confidential and subject to copyright. Any unauthorised use or
> disclosure of any part of this email is prohibited. If you are not
> the intended recipient please inform the sender immediately; you
> should then delete the email and remove any copies from your system.
> The views or opinions expressed in this communication may not
> necessarily be those of Scottish Borders Council.
> Please be advised that Scottish Borders Council's incoming and
> outgoing GSX email is subject to regular monitoring and any email
> 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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
********************************************************************************************************************************************
>>Corporate Disclaimer<<
**********************************************************************
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
Proofpoint for the presence of computer viruses using F-Secure
anti-virus software.
www.proofpoint.com
www.f-secure.com
**********************************************************************
Wigan is an excellent council
Awarded 4-stars by the Audit Commission
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|