I was not aware of that decision notice and I will read it with interest.
The names of the individual police officers may not be disclosable but
surely what they said in the strategy meeting will contribute to the
outcome of the meeting and in the case of social care meetings, would
directly affect decisions taken.
Therefore, if the subject of those meetings submitted a SAR, the police
officers contributions to the meeting would be disclosable even though
their identity were not.
Many Thanks
David Wilson
Data Protection Officer
01305 225175
"Baines, Jonathan" <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
08/12/2010 10:28
Please respond to
"Baines, Jonathan" <[log in to unmask]>
To
[log in to unmask]
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Subject
Re: [data-protection] 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]>
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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'
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