Does and SAR request cover internal emails about the subject?

[Buel10]

Hi all.

 

A very good friend of mine has had to resign from his job at the local council department (planning) due to the extreme stress he was put under. He raised this isuue many times with the department running up to his resignation but they did not offer any help at all.

 

My question is if he were to send them an SAR, would this cover internal memos/emails about him? If so, please can someone help tailor one to cover this as I only have a standard SAR letter for bank charges era from years ago.

 

Thank you in advance for any help offered,

 

Buel10

[BankFodder]

Yes they do.

 

Simply ask for all data they have on him in any form on any matter including all correspondence, emails, memos, screen notes and call recordings and call logs.

[Buel10]

Thank you for that. Please can I ask is there any way of knowing if they don't include all the data they have, ie - They leave some emails out?

[citizenB]

Thank you for that. Please can I ask is there any way of knowing if they don't include all the data they have, ie - They leave some emails out?

 

I think all you can do is to wait and see what they provide - it might be obvious if data has been omitted (perhaps an email referenced in another email,etc)

[Buel10]

Thank you for that. One more question - is it a legal obligation for an employer to provide this data if an SAR is sent?

Also, should my friend send a £10 cheque?

[citizenB]

Thank you for that. One more question - is it a legal obligation for an employer to provide this data if an SAR is sent?

Also, should my friend send a £10 cheque?

 

Indeed, this is a legal request and the company has to comply within 40 calendar days. Send the request via a tracked method so that you know it has been received.

 

Mark the date it should be provided to you on the calendar.

 

Yes, you must send the £10.00 either by cheque or postal order - it is a statutory requirement. (if sending a postal order, then do make sure you keep the receipt you will be given - it acts like a cheque stub)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

[Buel10]

I think this forum and people like you are wonderful and you genuinely make a difference in people's lives.

Thank you so much.

[citizenB]

 

Please update your thread when you can

[silverfox1961]

Hi, Just to add what has already been supplied by others, have a good read of the guidelines from the Information Commissioner

 

https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf

 

This can help if they refuse to supply certain info and also lays down where some exemptions may apply

[Sidewinder]

I think all you can do is to wait and see what they provide - it might be obvious if data has been omitted (perhaps an email referenced in another email,etc)

 

This is a very valid point. The employer may well know exactly what is being sought and why, and since the DPA only requires that information held in a 'relevant filing system' must be disclosed, a SAR isn't always the provider of a smoking gun document to be used against them. Think of the 'relevant filing system' being like a filing cabinet. If the information is held in a single file, and this can be located by name or employee number for example, then the entire contents of that file can be disclosed. Similarly for email or computerised records, then providing that a simple search by name or number returns a record, then it can be disclosed.

 

You should therefore be specific in terms of exactly 'what' you ask for - personnel file information, inter-department memos, emails where the subject or body of the email contains the name XXXX for example.

 

Another caveat is that information need not be disclosed - or at best can be redacted - where it might also disclose personal data about another person, and that person also needs to give permission for that information to be disclosed.

 

There is enough there that a savvy employer can find loopholes, but in reading between lines and looking for references to other documents which aren't included you can sometimes get to what you need.