I suppose one way to ascertain whether we have a grip on the legislation is
by asking the following questions:
"If I was in possession of the Durant file - the one that caused the problems
- would I have to disclose it to Mr Durant under either the DPA or the FOIA
(or even the FOISA)?"
And: "Would I have to disclose it to Ian Buckland?" Assume both the requests
are in writing and that you are working for a public authority.
We can then extrapolate and come up with clear guidance on future requests.
I think the s68 rule is clear so the only issue remaining is the manual file
that falls outside that section.
Ian B
--------
In a message dated 13/12/04 12:19:42 GMT Standard Time,
[log in to unmask] writes:
> Now that the FOIA fees regs have been laid before Parliament - anyone any
> idea what we do about 'unstructured' personal data post 01/01/05?
>
> Reg 3 (the appropriate limit) "(1) This regulation has effect to prescribe
> the appropriate limit referred to in section 9A(3) and (4) of the 1998
> Act ..." then goes on to confirm FOIA fees of £600 for central government
> and £450 for other public authorities.
>
> Reg 4 (estimating the cost of complying with a request - general) "...a
> relevant request is any request to the extent that it is a request (a) for
> unstructured personal data within the meaning of section 9A(1) of the 1998
> Act and to which section 7(1) of that Act would, apart from the appropriate
> limit, to any extent apply..."
>
> Does this mean that Durant is definately no longer applicable to the public
> sector? Must we estimate total cost of complying with a request for
> unstructured personal data? And either respond (under the limit) or choose
> to refuse unless full cost paid (over the limit)? Can we charge
> disbursements for responding (under the limit)? Is that as well as or
> instead of £10 SAR fee?
>
>
> Has anyone seen any guidance from either DCA or ICO on this one? My search
> attempts this AM brought up nothing. Am I the only one totally confused?
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