Thread: Employment Tribumal - Subject Access Request

Originally Posted by angry cat

Hi Guys-

A Data Protection Act Subject access request relates to anything that is held about the subject, computer or paper information.

I was trying to ascertain for my partner, the wording that should be used within the request when making an S.A.R - (Subject access request) re employment.

My partner has been off work due to compassionate reasons (his elderly mother) but the firm sent him his P45 out of the blue, he has written to the firm asking why they sent his P45, the firm has not responded.

I have suggested that next best step would be to make the S.A.R - (Subject Access Request) request.


As stated in my initial post, I have the template S.A.R - (Subject Access Request) but would appreciate help with the wording - meaning does one simply ask for all information, or what?

AC

well look at this link and it will show you how they try to put you off

How to satisfy subject access requests | OUT-LAW.COM

then click on some more of the headings on the left as well

here iqs a quote from the link


"Manual files

The manual files which are caught by the Act are those which pass the two tests set out in the definition of a relevant filing system. The first test is whether the file in question forms part of a structured set. The set has to be structured by reference to individuals or characteristics relating to individuals. If the manual files are organised in alphabetical name order, or payroll number, they will form a structured set.
If this is the case, the second test has to be applied. Does any particular file in the structured set contain sufficient internal structure so that specific information about a particular individual is readily accessible? In other words, does the file contain internal dividers or does it consist of pro-formas which are always in the same place in each file? If the answer to these questions is yes, then the file is caught by the Act.
Third party data

At this stage, the data protection officer then has to pretend that he is the individual making the subject access request. He has to read every single page of information to see whether it reveals the identity of a third party, when viewed from inside the head of the person making the subject access request. If the identity of a third party is already known to the data subject, then the data containing the information relating to the third party can be revealed to the data subject, because he already knows it. However, if the identity of a third party is not already known to the data subject in the context revealed by the documents, then the data protection officer has to consider whether blanking out the name of the individual, or blanking out other identifying particulars or any other material, would be sufficient to disguise the identity of the third party from the data subject. At this point, all other information which is likely to come into the hands of the data subject must be considered as well. If the identifying material can be blanked out with black marker pen and the rest of the information on that page can be handed over without revealing the identity of the third party, then this information can be included in satisfying the subject access request.
If, however, blanking out will not disguise the identity of the third party because, for example, there is a report which has quite clearly been written by the head of the organisation, and no amount of blanking out will conceal the identity of the head of the organisation, then the data protection officer has to attempt to obtain the consent or otherwise of the third party whose identity will be revealed by handing over the information to the data subject."