Dave
I take your point and yes, you are probably right. In this case it is
slightly awkward as it is an employee who has an extensive knowledge of what
we do hold. As it was the first subject access request we had ever received
I guess it has been a learning curve for us and as you say, the law is there
to be tested. I do believe it wold be a lot easier if it was e.g. a member
of the public. There are also issues relating to third party information in
the SARs I we have now received as they are all employees with
disciplinary/grievances and therefore you have to take into account
confidentiality as to the third party as well as the data subject's rights.
I am erring on the side of caution in these cases and have decided to rely
on confidentiality. It really is a minefield and of course there are so
many other underlying statutes. Will keep you up-to-date with any events
which may arise out of this SAR.
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 824000
> -----Original Message-----
> From: Dave Wyatt [SMTP:[log in to unmask]]
> Sent: 06 March 2001 21:03
> To: Broom, Doreen
> Subject: RE: Fees for subject access
>
> Doreen
>
> My understanding of the disproportionate effort provisions is that a data
> controller would have to document why the effort is disproportionate. This
> could then be referred to the Information Commissioner by the individual
> to
> examine whether subject access provisions have in their view been properly
> complied with. I guess Data Controllers will have to test the extent of
> disproportionate effort arguments to get clear boundaries. I suspect the
> argument may be able to be won regards backup data where it can be shown
> it
> has not been called into play in any way which would have impacted the
> data
> subjects but I wonder how far data controllers will be allowed to stretch
> the point to day to day data. My guess is not very much.
>
> David Wyatt
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of Broom, Doreen
> > Sent: 06 March 2001 09:24
> > To: [log in to unmask]
> > Subject: FW: Fees for subject access
> >
> >
> > > -----Original Message-----
> > > From: Broom, Doreen
> > > 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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