I agree with Paul, I say to the effect "Here is the information which
you are entitled to receive under the Data Protection Act" and leave it.
An applicant was told by a senior manager that the files the Legal dept
held would not be disclosed because of legal professional privilege and
it made the situation worse and the applicant made formal complaints to
the Local Government Ombudsman and the Information Commissioner. There
was lots of talk about stitch up and conspiracy as the applicant didnt
believe that in house lawyers counted! Both the Information Commissioner
and the Local Gov Ombudsman supported the Council's action.
Edwina Withe
Data Protection Officer
Bracknell Forest Borough Council
>>> Paul Ticher <[log in to unmask]> 01/11/2002 10:47:27 >>>
Hi all,
If someone makes a subject access request, and after due process you
decide
that a certain document should be withheld, on third party grounds, or
as
one of the exemptions in schedule 7, do you have to own up to having
withheld it? My preference is to tell them 'Here is all the
information you
are entitled to', without adding 'and by the way we have withheld
certain
items'. Is this correct? I can't see anything in the Act that
specifically
says you have to own up, although you do have to provide 'a description
of
the personal data ... ' (s.7(1)(b)(i)), which I suppose could be
interpreted
as meaning something like that.
Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal
data
for direct marketing purposes.
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