The final supplement (part 3 of 3) appeared on Saturday but the web version
did not (as far as I know) contain a sample letter.
The first supplement contained the following advice:
1. Identify the organisations you believe are likely to hold information on
you. It is best to cast your net widely as you can never be sure who has you
in their files. Once you have drafted a request to one organisation, it is
relatively little work to modify the same request for others. But don't go
mad unless you can afford it - each organisation can charge you a maximum of
£10 for your request.
2. Remember that the act applies to many types of organisations, not only
Whitehall departments, but also local councils, quangos, charities, private
companies, police forces, health authorities, schools and so on.
3. Submit your request by writing a simple letter - a model letter will be
published in the final issue of Big Brother on September 21.
4. Once you have written your request, you need to send it to the data
protection officer in each organisation. A register of addresses is held by
the Information Commissioner, the official watchdog who oversees the act. You
can search the register at www.dataprotection.gov.uk (look for "register of
data controllers"), or you can phone or write to the commissioner for these
details at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (01625 545
700).
5. Keep a photocopy of each request, since they often "go missing" or are
"not received" by organisations. If you do not receive confirmation that the
data protection officer has received your request within two weeks, ring the
organisation and ask to speak to the data protection officer.
6. Most organisations have lots of files and may simply not be able to find
all their documents on you, so help them by giving a broad description of how
and when you believe you have come into contact with them. It is often better
to be as specific as you can by, for instance, giving the date and location
of particular episodes or incidents. But you do not have to explain why you
want the information or what you are planning to do with it.
7. Remember that you can also get copies of videos and photographs of
yourself under the act - for instance, those taken by CCTV cameras. It is
essential to specify the time and place when you think you were photographed.
8. Organisations are allowed to withhold documents, or parts of documents,
under various exemptions (for instance if the information would infringe the
privacy of another individual, would help criminals or damage national
security). The organisations must explain clearly why information is being
withheld. It is always worth challenging any denial of information by lodging
an appeal and asking the department to reconsider its decision.
9. If you are unhappy with the organisation's response, you can also ask the
information commissioner to investigate whether the organisation has acted
correctly. The commissioner has the power to issue an enforcement notice
compelling disclosure of the records, although the commissioner is most
likely to try resolving the matter informally. You can also start legal
action through the courts.
10. Organisations can only charge a maximum of £10 for responding to your
request. They cannot, for instance, charge you a huge bill for photocopying a
large number of documents, or for copying videotapes. You will, however, have
to pay more for medical and school records, so check first.
· I am interested in finding out what records members of the public receive
under the act. I can be contacted on this email: [log in to unmask]
---------------------
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
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