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Wonder if you guys have a take on this. We are going to SAR the wifes employer as they have been dragging for over a year to give her help with her disability. Once she was diagnosed they took her computer away and gave her only terminal access to the systems the company has, so she lost the ability to copy emails which could benefit her case (for example, proof of when she requested XYZ, asked for help with XYZ etc - HR is now claiming to have never received such things and it makes it look bad for her, even though HR had to have received them in order for certain meetings to go ahead and responses from heath & safety at work people etc)
We are going to SAR them and specifically ask for any emails which contain personal information, but know that company will try to say that as the emails were not put in her personnel files they cannot be supplied - eg as they were made on a work computer between members of staff, they are not 'personal' data. They have said before in person that any SAR will only return the HR file.
Ive read this http://www.askemploymentlaw.org.uk/31.htm which seems to imply any email just with her name on it can be retireved, albeit with some specifics
If we put in the SAR "please include in your response any email sent between WIFEY and PERSON A between DATE and DATE" it seems they have to do this. Additionally PERSON A is human resources so any such email would not be relating to company data, but discussing personal matters and as such personal data.
Are we correct in our assumption here or can the company only return a HR file and call the response satisfied?
We are going to SAR them and specifically ask for any emails which contain personal information, but know that company will try to say that as the emails were not put in her personnel files they cannot be supplied - eg as they were made on a work computer between members of staff, they are not 'personal' data. They have said before in person that any SAR will only return the HR file.
Ive read this http://www.askemploymentlaw.org.uk/31.htm which seems to imply any email just with her name on it can be retireved, albeit with some specifics
In her data access request, Jane Bloggs wants disclosure of any email ever sent between any member of staff including herself in which her name is mentioned. Does the employer have to trawl through endless records to comply?
Emails will be covered. It’s impractical to carry out a search of all emails ever sent or received at whatever time, or to try to retrieve deleted emails. Again it’s worth clarifying with the employee herself the emails from and to whom she is concerned by and over which period. If the employer insists upon the employee clarifying the search with respect to defined individuals, it is less likely that the Data Commissioner would criticise the employer if a complaint followed.
Emails will be covered. It’s impractical to carry out a search of all emails ever sent or received at whatever time, or to try to retrieve deleted emails. Again it’s worth clarifying with the employee herself the emails from and to whom she is concerned by and over which period. If the employer insists upon the employee clarifying the search with respect to defined individuals, it is less likely that the Data Commissioner would criticise the employer if a complaint followed.
Are we correct in our assumption here or can the company only return a HR file and call the response satisfied?
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