Cautionary note following Charles' comments:
>But it does say they have to send 10 GBP.
Only if the DC has chosen to charge the optional fee!
>Which means you don't have to
>respond and wait until £10 appear.
At recent meeting with OIC they expressed view that, due to amendments to DPA1998 by FOI2000, can no longer wait until receive the fee to start the clock ticking. They argue that the amendments mean do not have to send the response until the fee is received but the 40 days starts from receiving the request - or the information necessary to find the data if later. Not sure I agree with that interpretation but worth knowing that's the line OIC is taking.
And must not try to gain time by delaying informing DS that a fee and / or more information is required!
Kirsty E Gray
Data Protection Officer
National Care Standards Commission
Note: comments for discussion and debate only and do not necessarily reflect the corporate position of NCSC nor constitute legal advice.
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