Data Protection Act: Exclusions?

[giblets46]

I've just put in a data protection act request to my ex employers (who'm I am taking to a tribunal).

I've received a reply stating that they require £10 etc, and also state a number of exclusions, whilst some make perfect sense, it may be possible they are using this to withold information, can you advise on if the following are acceptable:

 

a) Personal data does not necessarily include every document or e-mail held by us that references you (seems reasonable but clearly there are limits on this)

 

b) personal data does not include generic notes or e-mails on such matters as health, age, race performance etc (surely this is the whole point?)

 

c) personal data does not include documents relating to other employers .....we will redact or delete their particulars before forwarding (seems reasonable)

 

also further exclusions:

 

a: confidential references given by us for employment purposes (if they are stating comments on me, then surely I am able to get this?)

 

b: has been processed in connectionw ith our management forecasting or planning disclosure of which we consider would prejudice our business

 

c: consists of records of intentions in relation to negotiations between us and you, disclosure of which we consider would be likely to prejudice these negotiations. (when does this information cross the line?)

 

d: that is subject to legal professional privilege: or

 

e: that relates to a third party from whom we do not have consent to disclose the documentation

 

Many thanks

[citizenB]

Yes, they are entitled to charge the £10.00 fee. I will try and find some help regarding the exclusions. Although you might find some of the information on the ICO website.

[citizenB]

see

http://www.ico.gov.uk/for_organisati...onal_data.aspx

 

and;

http://www.ico.gov.uk/upload/documen...ment_guide.pdf

 

 

The above links were provided by

cerberusalert

[citizenB]

I suppose anything that is commerically sensitive,

Stuff that relates to other employees privacy.

 

http://www.ico.gov.uk/upload/documen...v1.0_final.pdf

 

and this one by rebel11

 

HTH

 

 

[giblets46]

Hi Thanks for your hard work, looks like what they are stating is pretty standard (I can ask to see the references they received about me, but not ones they send to others!), though I may wish to restate the point about generic communications, and e-mails that related to my own performance.

thanks