[log in to unmask] said
# >Subject Access Requests in the health field may require not only the
# >extraction of computerised data, but also the copying of often lengthy
# >medical records and other "data" such as x-ray images, videos, etc. The cost
# >is usually substantially greater than the fee chargeable, especially when
# >clerical effort is added into the equation. Currently a fee of up to £50 is
# >chargeable if the SAR includes non-computerised data but after October this
# >will drop to £10, imposing a severe financial burden on NHS organisations.
To me this seems that such a request is not a SAR under DPA because the
£10 fee has always been in place for people to charge per Registration
(now of course everybody has a single Part A)
How did you get away with this?
Stephen Harrow at Kings College said
# > £50.00 to comply, since extra staff have to be hired to
# > unearth the scripts from the depths of the warehouse where
# > these are stored, after marking, etc, each November, how
# > may the institution recoup the cost
# > A fee of £10.00 can be charged. Are any other incidental
# > expenses chargeable? And, if so, how may these be
you can't recoup other expenses, this has always been a topic of
discussion as the charge is set by the legislation, unless of course you
are going to provide a brand new service of your choice ie all students
can request a copy of ......... for a fee of ..... which is nothing to
do with a SAR.
# > calculated? Can the measure of 'disproportionate effort'
# > be in some way a function of the extra expense demanded by
# > compliance? And at what point in totting up the likely
# > cost of compliance can an institution say: 'Enough is
# > enough. We cannot afford to comply, even though we actually
# > want to.'
I would think to prove this would be pretty difficult, surely we are
all expected to have efficient filing/archiving systems to enable us
to run our businesses? The method of filing by piling in the corner
of a room is not accetptable surely!
# > 'communicated' from that source, the candidate persists in
# > requesting 'access' (sight of the script) and refuses to
# > accept those assurances.
outside of DPA students have never had access to an exam script, so now
the choice is to keep the examiners marks separate and understandable
or to let the students have a copy of the whole script. We are going
for the latter option but it will be subject to a complete SAR in the
normal way.
what are others doing?
Sally Justice
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