Print

Print


It's Monday and here we are again... Thank you all for your help so far. I 
was relieved, in a way, that the replies were not all clearcut and in 
agreement. Just picking up on the points in Doreen's email below...
What if I ask those concerned to give their consent and they refuse it?

Hilary Lawrenson, Data Protection Officer
National Probation Service - South Yorkshire
Head Office
45 Division Street
Sheffield, S1 4GE

Tel 0114 276 6911
Fax 0114 276 1967



"Broom, Doreen" <[log in to unmask]> 
Sent by: This list is for those interested in Data Protection issues 
<[log in to unmask]>
05/01/2007 09:25
Please respond to
"Broom, Doreen" <[log in to unmask]>


To
[log in to unmask]
cc

Subject
Re: [data-protection] Are 3rd party interview notes personal data ?






Sorry but this has been approved by our lawyers.  At the point of a
person giving a statement about another employee - that employee is told
that the information is confidential for the duration of the
investigation.  Also, if you look at Section 7(4)(b) and thereafter
S7(6) - In determining for the purposes of subsection (4)(b) whether it
is reasonable in all the circumstances to comply with the request
without the consent of the other individual concerned, regard shall be
had, in particular to-
(a) any duty of confidentiality owed to the other individual
(b) any steps taken by the data controller with a view to seeking
consent of the other individual
(c) whether the other individual is capable of giving consent, and
(d) any express refusal of consent by the other individual.

You could also claim under Schedule 7 - Miscellaneous exemptions under
"Negotiations" - Personal data which consist of records of the
intentions of the data controller in relation to any negotiations with
the data subject are exempt from the subject information provisions in
any case to the extent to which the application of those provisions
would be likely to prejudice those negotiations.

I suppose we could argue the point until the cows come home but this is
how we would treat it.

TGIF
Doreen

 


**********************************************************************
This email & any files transmitted with it are private & intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, the e-mail & any attachments have been transmitted to you in error & any copying, distribution or use of the information contained in them is strictly prohibited.

The National Probation Service may monitor the content of the e-mails sent & received via its network for the purposes of ensuring compliance with its policies & procedures.

Any views or opinions presented are only those of the author & not those of the National Probation Service.
**********************************************************************



This message has been checked for all email viruses by the Cable & Wireless Email Protection Service.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
     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)
    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^