The real issue here, as Alan has pointed out is whether there is any substance in the "complaint that section in handwritten note was missing".
Whilst the typewritten "copy" does not have to be verbatim it needs to be an accurate and complete reflection.
Bear in mind also that s77 FOIA applies here - once a request so specific comes in, whilst you may not be compelled to provide a photocopy, you are on shaky ground if you dispose of the handwritten notes until it is clear that the applicant is satisfied with your disclosure.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
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From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Alan Stead
Sent: 17 August 2007 15:47
To: [log in to unmask]
Subject: Re: [data-protection] Unstructured Personal Data
Tim
Even handwritten notes can contain personal data however the issue on this matter is , do the typewritten notes contain all the substantive information contained in the handwritten version. If so then these can be released,. The Act does not state that particular documents should be released but data and information about the subject. This can be summarised providing none of the actual data is withheld. The complainant's statement that he asked for handwritten notes has no substance. His complaint that information has been withheld is another matter, however that information should be personal for a claim to be successful.
Hope this view helps
Alan
Alan Stead
Service Manager-Information Governance
Nottingham City Council
Guildhall
Burton Street
Nottingham NG1 4BT
Tel 0115.9154943
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Rodgers
Sent: 17 August 2007 15:25
To: [log in to unmask]
Subject: [data-protection] Unstructured Personal Data
Here's the story:
Meeting between data subject, manager with notes taken by admin officer
Request comes in 2 hours later for handwritten notes
Treated as SAR but typewritten notes provided 40 days later
Complaint that they requested handwritten notes (also complaint that section in handwritten note was missing).
Is my understanding that the typewritten notes which form part of the personnel file are personal data but the handwritten notes (of which there was no intention to retain in their own form, merely to be turned into typewritten notes) are not? Durant ruling may apply here? Obviously applicant can appeal against content of handwritten notes but that isn't essentially a DPA issue (more omissions or bad record keeping).
Thanks,
Tim Rodgers
Information Governance Manager
Legal Services
Chief Executives Department
London Borough of Tower Hamlets
Phone: 0207 364 4354
Mobile: 0796 770 5102
Fax: 0207 364 4804
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Website: http://www.towerhamlets.gov.uk
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