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
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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
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-----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
>
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