I agree. If your job description includes handling subject access requests
then you have been authorised by the Data Controller to do that, which
includes obtaining data from anywhere in the organisation that it might be
held.
On the other hand, Occupational Health might be a separate Data Controller,
in which case you have no right to the data and the Data Subject must make
their request directly to them.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Dinsdale, Peter" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, June 23, 2009 4:03 PM
Subject: Re: is a data protection officer a third party?
Sara,
Unless your Occ Health are a data controller in their own right, then they
are being over-zealous. In the Act a third party is "any person other than
the data subject, the data controller or any data processor or other person
authorised to process data for the data controller or processor".
If you work for the same organisation (i.e. the same data controller) as Occ
Health then you are a person authorised to process data for the data
controller. You are therefore definitely not a third party.
Occ Health need to get over the age-old attitude of "this is our
information"...
Hope this helps.
Regards,
Peter Dinsdale
FOI & Data Protection Officer
0191 277 7038 ext 27038
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Stock, Sara
Sent: 23 June 2009 15:05
To: [log in to unmask]
Subject: [data-protection] is a data protection officer a third party?
Dear all
I'm in the middle of handling a data protection request. The requester would
like to see their occupational health file, among other things. I have asked
occupational health to release the file to me. I always ask for information
to come to me. It means I can ensure it goes out within the deadline and
that the requester receives information in one wodge rather than in dribs
and drabs from different areas of the organisation. I also check for
references to third parties for redaction.
Occ Health have come back to me and said that they can't release a file to
me as I am a third party. In addition to the form the requester has filled
out for my office they want him to fill out their form to authorise release
of his data to a third party (i.e. me)
It's never occurred to me before that I am a third party. I just think of
myself as a conduit through which information flows. Am I being naïve? Or
are Occ Health being over zealous? In the year I've been in post I've not
had a request for Occ Health files before, so it's set me thinking.
As it happens I think the file size is such (it's paper) that we'll ask the
requester to come in and look at it, but I'd still like to hear what people
think.
Sara
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