On what basis can an agent be sacked?

[tractor]

...

I suspect that the way round this is for the agency to argue that the correspondence relates to your company and not to you as an individual, so wouldn't need to be revealed by a subject access request.

I would also think that an email which says "Bob Smith has withdrawn from the role" would not be classed as personal data under the DPA.

If I'm wrong on both of those points (and I don't think I am), then deleting the emails isn't enough - they would have to show that they have been permanently removed from the live email system and are not held on any backups.

As with all these types of issues, you are reliant on the org's DM Manager being a straight up, by the book jobsworth and that their compliance processes and controls are in place and effective. As most agencies struggle with with AWR and Conduct Regs, I doubt that they will have any better understanding of their obligations under the DPA either.

ICO Code of Practice

[TheFaQQer]

As with all these types of issues, you are reliant on the org's DM Manager being a straight up, by the book jobsworth and that their compliance processes and controls are in place and effective. As most agencies struggle with with AWR and Conduct Regs, I doubt that they will have any better understanding of their obligations under the DPA either.

ICO Code of Practice

The only personal data that they definitely hold about the individual would be the CV and any forms which relate to the individual. All correspondence relates to the company (and their ability to fulfil the contract), so would be outside the DPA.

That's how I would play it if I was the data controller.

FWIW, I don't see that an email saying "Mr Smith won't give us the forms" would be classed as personal data, either.

[DTexas]

Surely not for a SAR????

So every single dodgy email that agency has lied to either party gets spewed up just because you've sent them a SAR? Cant see that happening otherwise every agent in the world would be screwed.

The SAR requires them to disclose emails that contain your personal information. This includes any discussion or opinions made about you.

Contractors are waking up to the potential of their rights here. Maybe it's our way to regulate the agency world.

[DTexas]

I don't see that an email saying "Mr Smith won't give us the forms" would be classed as personal data, either.

It is.
Key definitions of the Data Protection Act | ICO

[psychocandy]

Im sorry no way in a million years that agency is going to stump up stuff which could harm them.

Ok, so they tell client one thing, tell contractor another and play them off against each other. Which they do all the time. SAR comes in - like I said, they're not going to suddenly stump up all the emails incriminating themselves are they?

And no they dont have to prove their deleted, they just say it never happened or existed....Unless someone actually gets a court order and goes streaming in and kidnaps their server then no chance.

[tractor]

...

The SAR requires them to disclose emails that contain your personal information. This includes any discussion or opinions made about you.

Contractors are waking up to the potential of their rights here. Maybe it's our way to regulate the agency world.

Then what are you waiting for tiger? I can't wait till you come back and post the results of your efforts.

I still don't get what it is they want that you are unable to provide. I guess almost 5 pages in, you aren't going to tell us anyways.

Like New Labour said, 'If you have nothing to hide, you have nothing to fear'.

Maybe it's our way to regulate the agency world

Yes, of course it is.

[DTexas]

Like New Labour said, 'If you have nothing to hide, you have nothing to fear'.

Yes, that's the attitude of some 'screening teams' and agents. However, when an SAR comes their way... not so keen on that way of thinking.

[TheFaQQer]

It is.
Key definitions of the Data Protection Act | ICO

ICO says

Personal data means data which relate to a living individual who can be identified –

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

If it fails the bit in bold, then it isn't personal data.

Anyway, good luck with it - they have 40 days to respond, so I'm sure it will all work out for the best for you. Remember, though, that if the client has a contract with the agency that they are bound by, you can show them all the evidence in the world, and you'll still be stuck with having to use that agency. If the agency won't put you forward (and it's their right as the intermediary to decide who they do business with), then you're going to be stuck.

If you want the role back, then you should consider providing the information that they request. But to be honest, I don't think there's much chance of you getting the role that you obviously desire so heartily. As others have said, you would be better off expending your energy on getting a new role than chasing something which isn't going to happen.

[DTexas]

Im sorry no way in a million years that agency is going to stump up stuff which could harm them.

Sure, so make the SAR to clientco or whoever they're dealing with and their lies will appear there.

[DTexas]

ICO says


If it fails the bit in bold, then it isn't personal data.

No, with respect you're not reading that right.