I would agree with Martin. Local Gov Social Services depts regularly
have to deal with access to client files. It can be extremely time
consuming and expensive to pepare the files even before access is
granted (in order to protect third parties and withhold info that is not
to be disclosed for various legal or medical reasons). And all for a
maximum sum of £10! We know that access to manual files is increasing,
even though the PIU Privacy & Data Sharing report saying that the
average number of SARs made to public bodies is very low.
Many people do not necessarily still live in the area where the service
was used and sometimes it is necessary to send a file to a social
services dept in another closer authority so that the client can have
access. Perhaps this might be possible in Jonathan's example.
Is this disproportionate effort to do all this ? - I don't think so. If
it was important to you as an adult to find out about your family
background and reasons why certain events took place if, say, you had
been in care or fostered when you were a child, even though it was quite
a long time ago, you would probably be pretty upset if the perception
you had was that it was too much trouble!
We mustn't lose sight of the fact that it's an individual's right to
have copies of their own information. A public authority has a duty to
provide as much info as it legally can - after all that's what we are
employed to do. Sometimes I think we focus too much on the prevention
of access rather than the more positive aspects of providing
information.
OK, rant over! ....back to work ..... I feel much better having got
that off my chest!
Ed
>>> "Gibson, Martin" <[log in to unmask]> 04/18/02 03:40pm >>>
Jonathan,
I recently had a SAR which involved an inordinate amount of files. It
is no
exaggeration to say that a pretty robust trolley would be needed to
shift
the data. Rather than risk giving the postman a hernia, I offered the
applicant the opportunity to view the files privately in a room at
County
Hall within the 40 days and we agreed a date. The applicant couldn't
view
all the files within his 4 hour slot so I arranged another date a week
later
which took him 3 more hours. I gave him the opportunity to copy those
files
he wished to copy as well which were substantial.
To answer your question, I believe that you have to have the data
available
within the 40 days and if the subject is willing, he should be given
the
opportunity to view them. As to your second point, is it enough to
just
inform the data subject within that he can view the documents within
the
forty-day limit, it may be a question of reasonableness. For example if
you
were based in London and told the applicant who lived locally that the
files
would be available in say Manchester or Glasgow that could be construed
as
being unreasonable. Another issue might be the length of time allowed
to
look at the file, if you told the gentleman that he had 15 minutes to
look
through thousands of files, that too could be deemed as unreasonable.
If
however assuming the man was a fully fit adult a message to the effect
that
the files would be available at the following times in a local venue
could
you please confirm your choice of date that would be acceptable in my
opinion.
Martin
Bucks CC
-----Original Message-----
From: Jonathan Whiting [mailto:[log in to unmask]]
Sent: 18 April 2002 11:49
To: [log in to unmask]
Subject: Section 8, "disproportionate effort" and the forty-day limit
Question: If personal data cannot be made available in permanent form
because it would involve "disproportionate effort" to do so, and as an
alternative the data subject is invited to view the original
documents,
does the viewing of the documents have to take place within the
forty-day limit? Or is it enough to just inform the data subject
withinthat
he can view the documents within the forty-day limit?
Any answers gratefully recieved.
J
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