In a message dated 07/12/2001 10:09:02 GMT Standard Time,
[log in to unmask] writes:
<< Another test to apply is whether "specific information relating to an
individual" in an unstructure pile of papers is "readily acessible" (1(1)of
the Act).
I generally interpret this as meaning that if I can't locate what I want
within 5 minutes, the it is not "readily available" (and the data subject
does not get to know about it). >>
----------
Ah . . . to be in the private sector again.
But the unstructured pile of papers might still be caught because there is an
**intention** that the information will (eventually) form part of a
structured or computer file - when you get round to it, or after the subject
access request has been dealt with or refused (only joking, I'm sure that's
not your intention).
Public sector bodies have to also look at Section 68 of the Act - which says
that records relating to health, education, social work or housing are likely
to be covered even if they are not structured at all.
In addition, the public sector also has to consider the effects of the change
of definition of "personal data" under the FOI which will not restrict access
only to structured files.
In the public sector at least, very little data will escape the clutches of
the determined (or knowledgeable) subject access requester.
Ian Buckland
MD
Keep IT Legal Ltd
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