I notice that the model letter doesn't mention anything like 'I enclose £10.
If your fee is lower than this, please refund me any surplus.'  The Act says
that you do not have to supply any information in response to a Subject
Access request if you haven't received your fee, if you charge one (s.7 (2)
(b)).  Section 7 (8) says that you have to 'comply with a request' promptly
and within the 40 day limit, but what isn't clear to me is this: if you
haven't received the fee, what do you have to comply with?  You don't have
to provide *any* information.  So has your 40-day countdown started or not?

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?

In any case, since you can charge any fee you like, up to £10, with no
obligation to be consistent, there's nothing to stop you setting the fee at
£10 for every case where the request is based on the Guardian model even if
it's normally lower.

Paul Ticher
Information Management
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB

I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.

----- Original Message -----
From: Su Goulding <[log in to unmask]>
To: <[log in to unmask]>
Sent: 25 September 2002 22:27
Subject: FW: SAR letter


> Following on from today's earlier correspondence, this is the text of the
> suggested model letter published in the press on 21 September:-
>
> "Dear...
> I am writing to request all the information to which I am entitled under
> S.7(1) of the DPA.
>
> In order to assist you with this request, I am outlining sme of the areas
> and occasions on which your organisation may have compiled information on
> me.  As you will understand, this may not be a definitive list of such
> occasions.  [Give a description of how you have come into contact with the
> organisation - the more specific, the better].
>
> I would be interested in any discussion or opinions expressed within your
> organisation of my person, reputation, character, history or behaviour,
> actual or perceived.  I should make it clear that this request should also
> cover all or any other information you may hold.  I hope that you will be
> able to comprehensively search all your records.
>
> The definition of "personal data" under the act covers both facts and
> opinions about myself as an individual, as well as information regarding
the
> intentions of your organisation towards myself as an individual.  This
> request hsould therefore cover any internal/external memos, emails, faxes
> and any other correspondence or readily accessible data held on computer
by
> your organisation which could be classified as "personal data" under th
1998
> DPA.  This request covers both manual and electronic data.
>
> I enclose a photocopy of [proof of your address, such as
> gas/electricity/telephone bill] as confirmation of the above being my home
> address.  I have also enclosed a photocopy of my passport [or similar,
such
> as driving licence] and a recent photograph of myself to aid your
> identification.
>
> I understand that under the act, I should be entitled to a response within
> 40 days.  I would be grateful if you could confirm in writing that you
have
> received this request.
>
> I look forward to hearing from you in the near future.
> Yours,"
>
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