I have always indicated to a subject access applicant when we are withholding
personal data and say which exemption we are relying on. My reason for doing
this is because I feel it is in keeping with the spirit of the Act. I would
agree that this invariably generates a formal complaint and to date the
Commissioner's office has accepted our reasons for not disclosing the data.
You have to be able to cater for a situation where the applicant is aware
that some data exists e.g. there is a letter referred to in some
correspondence he has. We have had to blank out parts of a letter in the past
so in that type of situation you have to say why you wont release that data.
Martin Gibson
Data Protection Officer
Buckinghamshire County Council
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