Data Protection Act - Who accessed my information?

sexyeyes83

Hi,

Im trying to get some information together for my employment tribunal. In one of the cases, I believe there could be a conflict of interest. If I apply for all information held about me under the Data Protection Act, can I also request logs of who has accessed this information and for what purpose?

DVardysShadow

I think you may be better off applying for that information under Discovery as part fo your proceedings?

Anihilator

Its unlikely they would be able to offer this information as its impossible to track a lot of the time.

However I would expect any electronic versions to include all information available (i.e who typed/wrote or who did a search). Likely impossible to see just a view though.

rupee99

sexyeyes83 wrote: »

Hi,

Im trying to get some information together for my employment tribunal. In one of the cases, I believe there could be a conflict of interest. If I apply for all information held about me under the Data Protection Act, can I also request logs of who has accessed this information and for what purpose?

Whilst you may have some use in mind I do not see that it will be of much use to you in a Employment Tribunal. Any authorised person within your employers organisation can access your data, as long as the employer follows guidelines set down by the Data Commissioner it doesn't have to keep a log per se. The employer has a duty to ensure that your information is kept confidential and not used for improper purposes but that is done by restricting who has access and to what.

Unless you believe that either the company allows unauthorised access (or has insufficient safeguards), or have evidence that the data has been improperly used then asking to see a log will be regarded as a fishing exercise even if it exists.

sexyeyes83

Thanks for your replies.

Its not my previous company I want to send the DPA too, however an external government agency who were involved. I believe someone may have accessed my information that shouldn't have.

Im presuming all the information will be stored electronically and they should be able to keep records of who has accessed this information, but its just whether this would be covered under my DPA application.

DVardysShadow

sexyeyes83 wrote: »

Thanks for your replies.

Its not my previous company I want to send the DPA too, however an external government agency who were involved. I believe someone may have accessed my information that shouldn't have.

Im presuming all the information will be stored electronically and they should be able to keep records of who has accessed this information, but its just whether this would be covered under my DPA application.

I think your problem is more likely to be that your information was accessed by someone authorised to do so, but not for an authorised purpose. This is going to be hard to prove...

Anihilator

With all due respect unless you give us the full information we cant comment.
Which agency? Who do you think accessed it? Why would they do this?

sexyeyes83

I dont wish to go into details as I do not believe it is relevant to my original post.

I believe I have found the answer, I can request they include an audit trail within the DPA request.

sexyeyes83

DVardysShadow wrote: »

I think your problem is more likely to be that your information was accessed by someone authorised to do so, but not for an authorised purpose. This is going to be hard to prove...

Sorry DV, Missed your post.

If I can prove that the information was accessed by this person, It shouldn't be too difficult to prove it was not foe an authorised purpose.

DVardysShadow

sexyeyes83 wrote: »

Sorry DV, Missed your post.

If I can prove that the information was accessed by this person, It shouldn't be too difficult to prove it was not foe an authorised purpose.

OK, if you think you are on to something run with it.

Anihilator

An audit trail is unlikely to go down to what has been viewed.