Hello I agree with both views, and agree this is a continuing gray area of intermediation. I would like to pose an additional question which follows the author's question: We all experience and take part in inter-agency information sharing meetings, for example agencies conferences arranged to discuss a adult or child if they are deemed vulnerable and where the lead (usually either the health or social work LA) generates the min's and then each carry out their respective task and feedback (writing/e-mail) the outcome of their tasks. I have a case where the LA has requested I do not disclose their minutes/letters/file notes generated as a interagency intervention but when asked part of the Act they wanted to apply to that objective they could not find one. The information is data, is personal and sensitive personal data and the data subject received a verbal update from the LA but again as they have put in a SAR I am now in a dilemma on whether an exemption applies or not? Has anyone experienced this and would like to share their view? Regards Paula Tighe Data Protection Compliance Coordinator Risk & Compliance Directorate OGL Services (part of Orbit Group Ltd) Email: [log in to unmask] Tel: 024 7643 8312 Mobile: 07901510029 -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lee Gardiner Sent: 25 January 2010 09:07 To: [log in to unmask] Subject: Re: [data-protection] Third party permission to disclose Paul Whenever I have sent a response to a SAR I have always taken a fairly pragmatic view on 3rd party data. For example I wouldn't redact details of third parties if the requestor already knew the information (and I knew they knew), for example meeting minutes where the requestor and A N Other 3rd party was in attendance. If the requestor didn't know the information I might still disclose it depending on the context and its relation to the rest of any information being released. I don't think you can make a hard and fast judgement, like so much of DPA there are umpteen shades of grey and how you jump is based largely on the individual circumstances of the request. Lee Lee Gardiner Corporate Records Manager NHS Wirral St Catherines Hospital Church Road Birkenhead Wirral CH42 0LQ T: 0151 651 0011 x1462 M: 07891 718879 [log in to unmask] -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher Sent: 22 January 2010 16:22 To: [log in to unmask] Subject: Re: [data-protection] Third party permission to disclose Not particularly a response to Lawrence's contribution, but a general one: I think the DPA prioritises disclosure of third party material over non-disclosure. As I read it, s.7 (4) says (paraphrased) that if the third party has consented to the disclosure you *must* disclose. If they have not consented (perhaps because you couldn't ask them, or were confident that you could predict their response, or that there were no possible legitimate objections) you *must* disclose if it is reasonable to do so. If they have expressly withheld consent you must tread carefully, but even in that case it may be reasonable to disclose without consent. If I'm right, and the test of reasonableness trumps consent, then a lot of subject access dilemmas become a lot easier. I'd be interested to know whether I'm out on a limb here, or whether others agree. Paul Ticher 0116 273 8191 22 Stoughton Drive North, Leicester LE5 5UB ----- Original Message ----- From: "Lawrence Serewicz" <[log in to unmask]> To: <[log in to unmask]> Sent: Friday, January 22, 2010 4:05 PM Subject: Re: Third party permission to disclose Dear All, I have been thinking about DP and Access to records legislation. What about a situation where someone wants to see a file note created on their account. I will give two different scenarios. The first is social care, the second is benefits. In the first, someone calls social services and expresses concern to the care worker about a relative. They say that they are worried about how the relative's partner is treating them and concerned about that they are being cut off from their relatives. The phone call is noted and then entered on the social care file. Social worker visits the client. Client is told that someone has called expressing concern about her. The Client then becomes upset because she believes her family (or someone) is meddling and making slanderous or libelous allegations about the partner and asks to see a copy of the file note to seek legal action on the allegations. The second is a couple split up and the husband moves out. However, he leaves no forwarding address and they remain joint owners of the home. Council tax comes due and the wife calls the council and explains that the husband moved on on x date so council tax should be reduced or he should be pursued for his half. File note is duly created noting the date husband vacated home. Husband is then pursued for his share. He seeks copy of file note wanting to know what it says and when it was entered. The content is simply that the wife informed the council that he left the home on the date nothing more. Both have DP implications. In the first, I could see redacting the 3rd party information and still supplying the information i.e. enough so that they cannot identify the source. In the second, the 3rd party is known i.e. the wife so I cannot redact that in any way that the applicant would not know the wife submitted the material. For example, we have a note on your account showing you moved out on x date. What? Who told you that? I want to see the file note. In the first I could proceed, but in the second would I be better using s.7(6)(a)? Or have I over analyzed the second and it is something that would be routinely disclosable in any circumstance? Any guidance would be appreciated. Thanks Lawrence Durham City of Culture - Back the Bid: register at www.durham.gov.uk. Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. 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