Authorities are going to have to 'own up' to withholding information
under the FOI Act, not only citing the exemption but explaining why
they believe it applies. They'll also be under a duty to advise and
assist applicants. I'm not sure how practical it will be to sustain
an entirely different approach under the DPA ("we're withholding
information but not going to let you know") even if this can
technically be done.
What about a case where an authority is withholding information about
a third party who has supplied information about the DS but not
consented to being identified. The authority must still consider
whether "in all the circumstances it is reasonable" to identify the
third party without consent [7(4)(b)]
But if the withholding has been concealed from the DS how is he or
she going to be able to point out to you some particular
circumstances which you don't know about but would be influenced by
if you did?
And in such circumstances, have you processed the data "in
accordance with the rights of data subjects under this Act"
(principle 6)?
Maurice Frankel
Campaign for Freedom of Information
At 1:58 pm +0000 1/11/02, Edwina Withe wrote:
>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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