I don't think a member of staff is a third party if they are acting in the 
course of their employment.  They are an agent of the Data Controller. 
(Otherwise, you would have to consult every member of staff who had 
contributed to a record before making any Subject Access release.)

Also, you can't delete the comment before responding to the Subject Access 
Request, unless this would have happened anyway as a matter of routine.

I can't see an alternative to releasing the information.  My best suggestion 
is a heavy duty warning to the Data Subject that any retaliatory action will 
get them into a heap of trouble.


Paul Ticher
0116 273 8191
www.paulticher.com
22 Stoughton Drive North, Leicester LE5 5UB


----- Original Message ----- 
From: "Piers Margetts" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, October 06, 2011 3:32 PM
Subject: Re: Subject Access/Health & Safety Query


There is some really good guidance and examples in the recent guidance 
document issues by the ICO about releasing information in complaint files 
which can be found at 
http://www.ico.gov.uk/~/media/documents/library/Data_Protection/Practical_application/access_to_information_held_in_complaint_files.ashx

Big difficulty as you have said is that the person recording the comment is 
in a public facing role and their identity would reasonably be known 
irrespective of whether you redact any names. You could go down the consent 
route, if the author does not give consent and they have real concerns as to 
their safety, then you could argue that it is not reasonable in all 
circumstances to release in the absence of consent. My view is that unless 
there is very real evidence that releasing this information will endanger 
the author I believe that you have no option but to release it.

Piers

From: This list is for those interested in Data Protection issues 
[mailto:[log in to unmask]] On Behalf Of Steve Hunter
Sent: 06 October 2011 14:41
To: [log in to unmask]
Subject: [data-protection] Subject Access/Health & Safety Query

Hi all

Need your help/views on a potential scenario.

Customer X is currently going through a complaint and as a result he is 
refusing to pay for his services. During the investigation and processing of 
his complaint, the individual has become irate with the way his request has 
been handled and has visited our premises on several occasions appearing 
angry and demanding to speak to senior managers - who have had to cool him 
down. This behaviour has been reflected in his phone calls to our 
Income/Finance team who are dealing with his bill. At times, calls have had 
to be terminated. On one day he spoke with an employee and there was an 
exchange about his unpaid bill. Following the telephone conversation, the 
member of staff on her file note suggests that the 'customer is arrogant'.

Surprise, surprise - Customer X submits a Subject Access request. Due to his 
previous behaviour, the service manager and the manager who met with him on 
the last occasion are concerned (due to his previous behaviour) that he 
could pose a health and safety risk to the author of the comment. I'm of the 
view that no exemption under the DPA or the wording of Section 7-9 offers us 
any help in this case, however the Service Manager and our H&S Officer are 
keen to see the duty to protect the H&S of the employee override the access 
rights of individual and suggest that this comment should be redacted. Is 
there anything under the Act that could allow for this? I am under the 
impression there isn't and I feel that the information should be disclosed. 
After all, staff are advised not to make such comments.

Redacting the name of the employee is futile, as the individual will know 
who he has spoken to at the time.

Any thoughts?

Could the individual serve a Section 10 notice due to the potential damage 
to them or the distress/fear of reprisals?

Thanks

Steve
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