2/2004 Workplace bullying and harassment

An employee had made an access request under section 4 of the Acts for personal data contained in a human resources division investigation file concerning a bullying and harassment complaint which he had lodged against another member of staff.

The data controller explained to me that the complaint was of a serious nature and that the matters were being investigated under the employer’s policy on bullying and harassment in the workplace. They stated the view that until such time as the investigation was completed, documentation prepared in connection with the investigation would, if disclosed at a juncture not provided for in the process itself, be likely to prejudice the effectiveness and fairness of the investigative
process and that it is therefore not liable to be disclosed. They confirmed that only documents prepared in connection with the ongoing investigation were withheld in this manner, on the basis of section 5(1)(a) of the Data Protection Acts which provides that the right of access does not apply to personal
data:

(a) kept for the purpose of preventing, detecting or
investigating offences, apprehending or prosecuting
offenders or assessing or collecting any tax, duty or
other moneys owed or payable to the State, a local authority or a health board, in which the application fo that section to the data would be likely to prejudice any of the matters aforesaid.

I found that the action taken by the data controller in withholding data in relation to the ongoing bullying and harassment investigation was in accordance with the provisions of section 5(1) of the Data Protection Acts. On completion of the investigation, this section however would no longer be applicable.