Ray

 

Under DPA law, you cannot withheld anything that the applicant is already/has already been in possession of / already knows it.  I would redact anything you know / suspect information that she does not already know about.

 

 

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

Civic Offices

Coach Central

Telford

TF3 4HD

www.telford.gov.uk

 

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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: 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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