Jonathan
Surely, if they are a Social Worker then they are likely to be deemed a 'relevant person' and not a third party - The Data Protection (Subject Access Modification) (Social Work) Order 2000 (No. 415).
Nic Drew
Data Protection Manager
Cardiff and Vale University Local Health Board
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 08 December 2010 10:28
To: [log in to unmask]
Subject: Re: Section 47
David
I've got to disagree with a formulation that people who "attend in their professional capacity ... are therefore not third parties". We do not shed our privacy (and DPA) rights when we walk through the office door. I would agree though, of course, that the fact that they are acting in a professional capacity is a relevant (and most probably a determining) factor in assessing the extent to which they would have a reasonable expectation of non-disclosure.
The Information Tribunal, only the other day, upheld an ICO decision that it was contrary to the DP principles to disclose the names of police officers who had attended a strategy meeting held prior to a hunt, because disclosure would be an unnecessary interference with the officers' article 8 rights.
regards
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
tel: 01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of David Wilson
Sent: Wednesday 08 December 2010 10:02
To: [log in to unmask]
Subject: Re: [data-protection] Section 47
Brenda,
The subject access right can not be ignored just because certain attendees object to the minutes being disclosed, they attend in their professional capacity and are therefore not third parties. I deal with such requests on a regular basis and the following is the general approach we take.
If the parents were present, then there are no grounds for refusing to disclose the minutes, as they are already aware of what was discussed and have a right to comment on the accuracy of them.
However, our meetings are structured in such a way as there is a general meeting, the minutes of which will almost always be disclosed and a confidential section, where the parents are not present. This is where things like police intelligence / PNC checks etc are discussed. These minutes are not routinely discussed but are assessed on a case by case basis. The result is that they are usually withheld or disclosed after heavy redaction.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
Brenda Scourfield <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues <[log in to unmask]> 07/12/2010 16:59 Please respond to Brenda Scourfield <[log in to unmask]>
To
[log in to unmask]
cc
Subject
[data-protection] Section 47
I have had a request from a parent for copies of minutes of two startegy meetings following a Section 47 Investigation(i.e. Child Protection
Enquiries) The outcome was that there were no concerns re parenting issues. Is he entitled to these minutes under DP ? Not all members of the strategy meeting have given consent to disclose - education and the police. Social Services tell me that their policy is not to disclose if all do not give consent.
Any advice greatly received as my knowledge of child care law is limited and I have to rely on what Social Services tell me. Maybe DP overides'
their policy'
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Scanned by MailDefender - managed email security from intY - www.maildefender.net
"This e-mail is intended for the named addressee(s) only and may contain information about individuals or other sensitive information and should be handled accordingly. Unless you are the named addressee (or authorised to receive it for the addressee) you may not copy or use it, or disclose it to anyone else. If you have received this email in error, kindly disregard the content of the message and notify the sender immediately. Please be aware that all email may be subject to recording and/or monitoring in accordance with relevant legislation."
Scanned by MailDefender - managed email security from intY - www.maildefender.net
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Buckinghamshire County Council
Visit our Web Site : http://www.buckscc.gov.uk
Buckinghamshire County Council Email Disclaimer
See The Results Of The Bucks Debate: www.buckscc.gov.uk/bucksdebate
This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author or [log in to unmask] immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents. Buckinghamshire County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail. All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation.
The views expressed in this email are not necessarily those of Buckinghamshire County Council unless explicitly stated.
This footnote also confirms that this email has been swept for content and for the presence of computer viruses.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
---
Confidentiality
This message is strictly confidential and intended for the person or organisation
to whom it is addressed. If you are not the intended recipient of the message then please notify the sender
immediately. Any of the statements or comments made above should be regarded as personal and not necessarily those of Cardiff & Vale University Health Board, any constituent part or connected body.
Mae'r neges hon yn gyfrinachol.
Os nad chi yw'r derbynnydd y bwriedid y neges
ar ei gyfer, byddwch mor garedig â rhoi gwybod
i'r anfonydd yn ddi-oed. Dylid ystyried unrhyw
ddatganiadau neu sylwadau a wneir uchod yn rhai
personol, ac nid o angenrhaid yn rhai o eiddo Bwrdd Iechyd Prifysgol
Caerdydd a’r Fro, nac unrhyw
ran gyfansoddol ohoni na chorff cysylltiedig.
Freedom of Information
Please be aware that, under the terms of the Freedom of Information
Act 2000, Cardiff and Vale University Health Board may be required to make public the
content of any emails or correspondence received.
For further information on Freedom of Information, please refer to the
Cardiff and Vale UHB website http://www.wales.nhs.uk/sitesplus/864/cymraeg
Cofiwch fod yn ymwybodol ei bod yn bosibl
y bydd disgwyl i Bwrdd Iechyd Prifysgol Caerdydd a’r Fro
roi cyhoeddusrwydd i gynnwys
unrhyw ebost neu ohebiaeth a dderbynnir,
yn unol ag amodau'r Ddeddf Rhyddid Gwybodaeth 2000.
I gael mwy o wybodaeth am Ryddid Gwybodaeth,
cofiwch gyfeirio at wefan Bwrdd Iechyd Prifysgol Caerdydd a’r Fro
http://www.wales.nhs.uk/sitesplus/864/cymraeg
---
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|