I would look at the proportionality - is the likely benefit large enough to warrant the size of the administrative burden, does the data subject realise this and wish to reconsider in light of the imbalance between the likely outcome and the costs to the employer? Employers are seemingly given this discretionary power, in order that requests do not become all consuming.
The fact that the data subject is requesting an explanation of the codes is however a separate issue, since any abbreviations should always be accompanied by an appropriate explanation. Should you decide to ask a financial professional to meet and discuss the codes within the supplied material may be in excess of this requriement, but good practice none the less.
-----Original Message-----
From: Broom, Doreen [SMTP:[log in to unmask]]
Sent: 06 March 2001 09:22
To: 'Andrea Owen'
Cc: [log in to unmask]
Subject: RE: Fees for subject access
I work for a local authority. Recently we had a SAR from an employee. We
answered his SAR (charged him £10) - the amount of paperwork was very large
and the amount of time gone into producing this paperwork for all
Departments was excessive and well in excess of the £10 charge. Anyway, the
employee has since written back (obviously having looked at the DP Act) and
has demanded further info e.g. codes/abbreviations to be explained as well
as many other documents. The amount of work has really been quite extensive
and we have agreed that a representative from our Financial Services
Department will meet with the employee and explain all codes to him. My
feeling is where do we draw the line and say that this is disproportionate
effort.
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 824000
> -----Original Message-----
> From: Andrea Owen [SMTP:[log in to unmask]]
> Sent: 05 March 2001 23:36
> To: [log in to unmask]
> Subject: Re: Fees for subject access
>
> Have noted that £10 is the going rate, but that it can be waived. Seems
> that the charge should reflect the administrative burden of producing the
> requested data, however, the code mentions that the employer is entitled
> to make judgements on the level of administrative burden to take on, but
> that it should be proportionate to the likely benefit which would accrue
> to the individual as a result of the request.
>
> However, I am attached to a public sector organisation and they do not
> charge (for the moment at least).
>
>
>
> -----Original Message-----
> From: Peter Wilson [SMTP:[log in to unmask]]
> Sent: 02 March 2001 17:10
> To: [log in to unmask]
> Subject: Re: Fees for subject access
>
> Gail,
> For Educational records (Schedule 11& S68(1)) no access fee may be charged
> unless a permanent copy of the info is provided. Photocopy (or other)
> fees for permanent copy , I believe, can be charged up to £50 (sliding
> scale etc.). (I have been looking, unsuccessfully, for where I read this
> - others on list may be able to shed some light)
> I can also see both points of view on charging - for what its worth - we
> do not charge.
> Peter
>
> Peter Wilson
> Data Protection Officer
> University of Paisley
>
> >>> <[log in to unmask]> 03/02/01 04:40pm >>>
> Am I right in thinking there is no provision for making a charge for
> copying
> manual data (except for certain school records)? I am quite kken on
> dropping
> charges altogether but others here refer to the amount of work involved
> and
> wish to retain a fee to deter frivolous requests. They say that other
> (unspecified) organisations are making a charge for copying but if I am
> right, this is unlawful?
> Gail Waters
> DP Coordinator
> Open University
>
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