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Several posts have suggested that the 3P data is not the applicant's personal data, but I'm not sure why that's necessarily so. Its perfectly possible for particular information to simultaneously be the personal data of (a) the data subject and (b) a third party, as is invariably the case where the information relates to a dispute between the two. Sections  7(4) to 7(6) of the DPA expressly recognise this. The test is whether the third party consents to disclose or if not whether disclosure without consent is reasonable in the circumstances. Where the information is clearly known to the DS already (eg it describes both halves of a conversation between the two) it may obviously  be reasonable to disclose as the DS always has an interest in ensuring that such information, though known to him, has been accurately recorded.

Maurice Frankel
Campaign for Freedom of Information
www.cfoi.org.uk
http://twitter.com/CampaignFOI


On 2 Jun 2011, at 12:03, Ray Cooke wrote:

> 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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