In a message dated 27/09/2002 14:19:28 GMT Daylight Time, [log in to unmask]
writes:
<< If not, I can't find any obligation in the Act to reply at all, even to ask
them to send in the fee. Is this a loophole, or am being obtuse? >>
-----------
Blimey, can't you tell it's Friday?
Putting another angle on this (geddit?) I can be just as obtuse (pretending
of course as I haven't actually asked you for my data) by saying "as you did
not inform me that you required a fee it is reasonable for me to assume you
did not charge for SARs and accordingly your 40 days started when you
received the letter."
The law says "such a fee (not exceeding the prescribed maximum) as he may
require". To require something in UK law you have to make that requirement
known to the individual concerned, either generally or specifically. It's
something to do with a requirement for transparency.
Ian Buckland
Managing Director
Keep IT Legal Ltd
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