Alex,
I've been discussing this with the Information Commissioner's Office
recently. The advice from one of their local government compliance officers
was that, if someone asked to see what information the Council held about
them but did not give sufficient information to assist you in locating the
information, such as connections or relationship with the council, you would
still be expected to process their request. You would be expected to search
the most obvious information systems (paper, IT, etc) where information
about them may be held, (such as the Council Tax database) and provide
information to them.
Personally, I would explain to them that, unless they can give us some
clues, this is as far as we can reasonably go. This may encourage them to
provide a bit more info, perhaps.
In Devon, I send the data subject a list of likely areas/IT systems where
their information may be held, and ask them to provide information relating
to their relationship or connections with the Council, as well as the names
of anyone whose email correspondence they may be interested in seeking. We
aim to be as open and transparent as possible.
My experience has been such that most data subjects are helpful, and will
assist you in identifying where information may be held. By the time their
request reaches me they're very unhappy or concerned about what information
is held about them or what has been disclosed about them, so I try to
defuse the situation by responding helpfully with their request and by
speaking to the best people who can resolve the original grievance/problem.
I endeavour to develop a rapport with them, and ensure good customer care
takes place.
We're on request number 69 at Devon County Council - but this is from the
commencement of the 1984 Act!
I'm not aware of anything more "forceful" on the IC website, as requested by
Brenda - and can only quote the DP Act, as others have done.
Hope this helps,
Gill.
Gill Smith
Data Protection & Security Officer
ICT Services
Devon County Council - www.devon.gov.uk
[log in to unmask]
> -----Original Message-----
> From: Mitchell Alex [SMTP:[log in to unmask]]
> Sent: Wednesday, January 16, 2002 4:12 PM
> To: [log in to unmask]
> Subject: Re: Supplying information to locate data
>
> Brenda,
>
> The Data Controller need not comply with a SAR unless the person making
> the
> request provides such information to assist in the location of the
> information (DPA 1998, 7(3)) along with other information, identity, etc.
>
> A request for all information within a Local Authority is not acceptable.
>
> Alex Mitchell
> North Lanarkshire Council
>
> -----Original Message-----
> From: Brenda Scourfield [mailto:[log in to unmask]]
> Sent: Wednesday, January 16, 2002 15:31
> To: [log in to unmask]
> Subject: Supplying information to locate data
>
>
> Apart from the guidance to data subjects on the OIC site which mentions
> that a Controller will need some information to locate data in a SAR, does
> anyone have details of where this is stated in a more forceful way on the
> OIC site ?
>
> We have a SAR where the data user hasn't given any idea of even the dept
> he
> thinks his data may be in and we want to quote something from the IC to
> stress that we need this information in order to search.
>
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