Data Protection Act & Personnel File

wndsr

wndsr

wndsr

Soldato
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Manchester, UK
After leaving my previous employer in September, I've been trying to get my hands on bits and bobs related to my employment - holiday information, appraisals, that sort of stuff. Expectedly, they haven't been particularly forthcoming sending me stuff so I was considering making a Subject Access Request under the DPA.

First thing - has anybody here made such a request against a previous employer before and were they helpful?

Secondly - can I request a copy of all records/documents/things that bear my name or are in relation to me as an employee of the firm?
 
Cheers folks. So they should comply with this and send all documents relating to myself?
 
Storm3y said:
I think DPA covers paper documents also.
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Only if the intention is to then place that electronically.

Data Protection Act 1998
Previous: Introduction
Next: Provision
1 Basic interpretative provisions.

(1)In this Act, unless the context otherwise requires—
“data” means information which—
(a)is being processed by means of equipment operating automatically in response to instructions given for that purpose,
(b)is recorded with the intention that it should be processed by means of such equipment,
(c)is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, F1. . .
(d)does not fall within paragraph (a), (b) or (c) but forms part of an accessible record as defined by section 68; [F2or
(e)is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d);]
 
Storm3y said:
So what are records kept in paper protected under?
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DPA as far as I'm aware, it covers all data relating to you personally. when I took my bank to court during the unfair charges scandal a few years back, they had to convert old statements from microfiche film onto paper for me to look over. That must have been a ball ache of a job, well worth the £10!

What are personal data?

The Act defines personal data as information which relates to a living individual who can be identified:
•from the data or
•from the data and other information which is in the possession of, or is likely to come into the possession of, the data controller.
The information may be in either electronic or manual (ie paper) form.


The exact wording I used in my letter was (it did the trick):







Data Protection Act 1998
Subject Access Request




Dear Sir or Madam,


Supply me with all the data relating to my banking history with your organisation.
Please find enclosed a Postal order for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements in full, going back six years. I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the actual data, which I’m entitled to by law.

All data must be complete and sent to me in fully legible and comprehensible form.

I look forward to your response within 40 days, as Barclays bank is obliged to reply under the Data Protection Act.
If Barclays Bank refuses to comply I shall seek remedy from the Information Commissioner.
 
Mattyfex you are correct it has changed:

Manual data (data recorded on paper only)
In relation to public bodies like the Department and its executive agencies the DPA covers all recorded personal data whether this is kept in paper or electronic form. Prior to November 2005 paper data had to be kept as part of 'a relevant filing system' to be within the scope of the DPA. That is no longer the case..
 
Xordium said:
(1)In this Act, unless the context otherwise requires—
“data” means information which—

(c)is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, F1. . .
(d)does not fall within paragraph (a), (b) or (c) but forms part of an accessible record as defined by section 68;
Click to expand...

I would thing that would cover paper files?
 
I worked for a Data Protection Unit.

If you request everything, they have to give you everything. Including any email sent regarding you if you request that.
 
R-evans said:
I worked for a Data Protection Unit.

If you request everything, they have to give you everything. Including any email sent regarding you if you request that.
Click to expand...

Within reason. Just because a person's name might be mentioned doesn't mean that the e-mail is about him.

Also, if I recall correctly, it needs to be proportionate. If the same e-mail contains sensitive information about someone else, then could argue that their privacy needs to be protected too.
 
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