The Act also states that "A data controller is not obliged to supply any
information under subsection (1) unless he has received-
(a) a request in writing, and
(b) except in prescribed cases, such fee (not exceeding the prescribed maximum)
as he may require." (Section 7(2))
Neil Chadwick
Alasdair Warwood (01/02/01 2:07 pm):
>I disagree - forty days from receiving"such information as he may reasonably
>require". Receipt of cheque is irrelevant.
>
>Alasdair Warwood
>----- Original Message -----
>From: Broom, Doreen <[log in to unmask]>
>To: <[log in to unmask]>
>Sent: Wednesday, January 31, 2001 3:18 PM
>Subject: Re: 40 days or not 40 days that is t
>
>
>> Does it not depend on whether cheque has been received or not? If cheque
>> was received with first letter then should you not be seen to be complying
>> as far as possible e.g. send information you have collected and then if
>> their response is not received until that time, acknowledge and say that
>you
>> will try and get the information to them as soon as possible thereafter
>but
>> also proceed to tell them that it may take longer than the 40 days due to
>> their delay in replying. I think as long as you are seen to be acting
>> reasonably then there should be no problem.
>> If anyone disagrees let me know.
>> Doreen Broom
>> Data Administrator
>> Scottish Borders Council
>> Council HQ
>> Newtown St.Boswells
>> Melrose
>> Borders TD6 0SA
>>
>> Tel: 01835 824000
>>
>>
>> > -----Original Message-----
>> > From: [log in to unmask] [SMTP:[log in to unmask]]
>> > Sent: 31 January 2001 15:15
>> > To: [log in to unmask]
>> > Subject: Re: 40 days or not 40 days that is t
>> >
>> > As far as I am concerned, you can definitely wait until the data subject
>> > has provided all the 'necessary' information before the 40-days begins.
>> >
>> > Regards
>> >
>> > Matthew
>> >
>> >
>> >
>> >
>> > [log in to unmask]@JISCMAIL.AC.UK> on 31/01/2001 15:01:00
>> >
>> > Please respond to [log in to unmask]
>> >
>> > Sent by: This list is for those interested in Data Protection issues
>> > <[log in to unmask]>
>> >
>> >
>> > To: [log in to unmask]
>> > cc: (bcc: Matthew Nunn/Registry/Southampton Institute)
>> > Subject: 40 days or not 40 days that is t
>> >
>> >
>> > Date: 31 January 2001
>> > To: internet EXTERNAL
>> > From: Stuart Roderick GBSAFE00 HR Systems
>> >
>> > Subject: 40 days or not 40 days that is the Q
>> >
>> > /internet
>> > to: [log in to unmask]
>> >
>> > Dear All,
>> >
>> > Under the DPA98 we have to comply within 40 days of receiving a request
>> > from
>> > an individual.
>> >
>> > My question is this- What happens if the individual does not supply
>> > sufficient
>> > data on their letter to enable us to search for them on our systems. If
>> > we
>> > respond to their request and ask for more details and they take 38 days
>to
>> > respond can we start the 40 days from the date of their response or is
>it
>> > from
>> > the initial date of the 1st letter??
>> >
>> > Many thanks for your help
>> >
>> > Stuart
>> >
>> >
>> >
>> >
>> >
>> >
>> >
>> >
>> > Stuart Roderick
>> > HR Systems Executive
>> >
>> >
>> >
>> >
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