In a message dated 10/08/04 12:10:10 GMT Daylight Time,
[log in to unmask] writes:
> If we do not inform the Data Subject that we are withholding information
> then this goes against the very reason for the Act in that he/she has a
> right to know whether we hold information and if so a copy unless we
> cannot disclose (Fairly and Lawfully?).
--------
This may just be a result of mixing Principles. The First Principle requires
that an individual is made aware of what we are doing with their data -
unless an exemption applies. The Sixth requires that (on request) we inform them
whether we are processing their data and sell them a copy of it - again unless
an exemption applies.
If the person knows you have the data and they do not receive a copy, and
they are not sure whether an exemption applies they can ask the ICO to assess.
If they are unaware of the fact you have the information, and don't receive a
copy of it, nor any indication that you have it, they may never find out,
unless harm is caused.
Maybe the question to ask the ICO is: "If we are sure the person was not
informed by the discloser that the confidential information would be given to us,
and that we have also never informed them we have it, has either data
controller breached the First Principle?"
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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