Sounds like the emails are actually not the personal data of the data subject - they fail the Durant test since they are work related and do not have the subject as their focus.
 
Donald Henderson
Information Compliance Manager
Perth and Kinross Council


From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ray Cooke
Sent: 02 June 2011 12:04
To: [log in to unmask]
Subject: [data-protection] 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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