JiscMail Logo
Email discussion lists for the UK Education and Research communities

Help for DATA-PROTECTION Archives


DATA-PROTECTION Archives

DATA-PROTECTION Archives


data-protection@JISCMAIL.AC.UK


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

DATA-PROTECTION Home

DATA-PROTECTION Home

DATA-PROTECTION  June 2011

DATA-PROTECTION June 2011

Options

Subscribe or Unsubscribe

Subscribe or Unsubscribe

Log In

Log In

Get Password

Get Password

Subject:

Re: 3rd party data known to SAR applicant

From:

"Marchini, Renzo" <[log in to unmask]>

Reply-To:

Marchini, Renzo

Date:

Fri, 3 Jun 2011 04:57:16 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (1 lines)

The way the Article 29 working party see the definition of persoanl data (arguably inconsistent with Durant) would leads to the possibility of the 3rd party being considered personal. The look at whether there is the possibiliy of using the data to impact upon the data subject *even if* there is presently no desire in the hands of the controller to do so. 



So in this scenario, for example, if it is possible to use it to assess a performanve issue (how did the data subject perform his/her duties on the third party disciplinary matter) then personal.   Or put another (Durant) way: initially focus not on subject, but focus can shift. Possibility of this is enough say 29WP to make data personal *at all times*.



Best

R 



Renzo Marchini 

Dechert LLP 

+44 (0) 20 7184 7563 direct 

+44 (0) 20 7184 7001 fax 

[log in to unmask]

www.dechert.com



Sent from my handheld device





----- Original Message -----

From: This list is for those interested in Data Protection issues <[log in to unmask]>

To: [log in to unmask] <[log in to unmask]>

Sent: Fri Jun 03 03:25:15 2011
Subject: Re: [data-protection] 3rd party data known to SAR applicant



Paul



Im sorry but I would have to disagree with you on this with regard to redacting info.  If you were to redact you are required to apply an exemption to cover the "withheld info".  My question is how can you possible apply an exemption to protect information that is already known to an applicant - does it not make the exemption null and void?





Many thanks 

Trish 

Trish-louise Bailey

Audit & Assurance (Information Governance)

(IG covers:  Data Protection & Privacy, FOI, Information Security, Information Sharing & Confidentiality, Information & Records Management, Information Quality & Assurance) 

Telford & Wrekin Council 

Civic Offices

Coach Central

Telford 

TF3 4HD

www.telford.gov.uk 



em:   [log in to unmask] or [log in to unmask] 

tel:    01952 382537

mb:   07528 969455





-----Original Message-----

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher

Sent: 02 June 2011 15:40

To: [log in to unmask]

Subject: Re: 3rd party data known to SAR applicant



I've noted the comments from others about (a) that the data is not actually 

about the Data Subject (plausible argument), and (b) that it's nonsensical 

to withhold data the Subject already knows (also plausible).  However, it 

occurs to me that (b) may not be nonsensical in every case.



Firstly, I can't see anything which says you *must* disclose data if the 

Data Subject already knows it.  That situation obviously makes it more 

likely to be disclosable, but doesn't require disclosure, unless I'm missing 

something.



Second, I would distinguish between information which is available to the 

Data Subject on the internal e-mail system, and data that they can take away 

with them on paper and, presumably, show to other people (who may be legally 

privileged, but may just be their mates).



Given that your Data Subject knows who the third party is, I would be 

inclined to redact the name, at least, because there is no detriment to the 

Data Subject in doing so but there is, at least, a warning that you consider 

the name of the third party deserving of protection.  They could, of course, 

immediately say to their mates "that name they've blanked out is X, Y" but 

that would be their choice, not your doing.



So I think there is a good case for redaction.



Paul Ticher

0116 273 8191

22 Stoughton Drive North, Leicester LE5 5UB





----- Original Message ----- 

From: "Ray Cooke" <[log in to unmask]>

To: <[log in to unmask]>

Sent: Thursday, June 02, 2011 12:03 PM

Subject: 3rd party data known to SAR applicant





> All,

>

> I'd appreciate any thoughts from all you experienced folk out there on 

> this

> one.

>

> Scenario is this.  Data subject (staff) makes subject access request.

> Emails to and from the data subject deal with 3rd party disciplinary and

> grievance issues sent to data subject in the course of work.  Some of the

> stuff is sensitive data.  Question is - should the 3rd party data be

> redacted out in responding to the SAR even though the data subject has 

> seen

> it and may even still have access to email copies?

>

> I've taken the view that it is not appropriate or reasonable to leave this

> type of 3rd party data unredacted in supplying copies under SAR even 

> though

> the data subject will have seen the material and indeed may have retained 

> it

> within a work context.

>

> Is this the right approach to take in this particular circumstance?

>

> Grateful for any views on this.

>

> Ray Cooke

>

> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

>     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)

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^



--------------------------------------------------------------------------------------------------------------------

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 originator of the message. 



Any views expressed in this message are those of the individual

sender, except where the sender specifies and with authority,

states them to be the views of Telford & Wrekin Council.



The content of this email has been automatically checked in 

conjunction with the relevant policies of Telford & Wrekin Council.





^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

     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 e-mail is from Dechert LLP, a law firm, and may contain information that is confidential or privileged. If you are not the intended recipient, please delete the e-mail and any attachments, and notify the sender. Dechert LLP is a limited liability partnership registered in England & Wales (Registered No. OC306029) and is regulated by the Solicitors Regulation Authority. A list of names of the members of Dechert LLP (who are solicitors or registered foreign lawyers) is available for inspection at its registered office, 160 Queen Victoria Street, London EC4V 4QQ.







^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

     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)

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^





Top of Message | Previous Page | Permalink

JiscMail Tools


RSS Feeds and Sharing


Advanced Options


Archives

November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
2006
2005
2004
2003
2002
2001
2000
1999
1998


JiscMail is a Jisc service.

View our service policies at https://www.jiscmail.ac.uk/policyandsecurity/ and Jisc's privacy policy at https://www.jisc.ac.uk/website/privacy-notice

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager