I take the view that you do. If personal data is exempt from access then I
don't believe there is a requirement to disclose that you have something
you're not disclosing. e.g. why would you want to tell someone that you
are not disclosing something because it incriminates you in an offence?
(Not that I have ever needed to withhold access for this reason!).
Chris
Simon Macauley <[log in to unmask]>@JISCMAIL.AC.UK> on 30/09/2004 15:06:51
Please respond to Simon Macauley <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues
<[log in to unmask]>
To: [log in to unmask]
Subject: [data-protection] explaining an exemption, do we have to?
Hi all,
This is a question I asked the ICO about a year ago but would like some
consensus on what practice the profession generally uses. To be exact do
you explain why you have not disclosed certain PD when replying to a SAR or
do you just say, "In accordance with...you are receving what you are
entitled to..."
I was told that it does not state anywhere in the act we have to do this,
and this is the approach I took when responding. However my new post has a
convention from the previous DPO that they explain every little detail of
what and why they are not receiving certain PD. Personally I prefer the
first approach especially as I have my hands full with FOI and already
having to explain those exemptions.
thanks for any help
Simon.
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