***** THIS EMAIL WAS SENT VIA THE INTERNET *****
The data subject informed the ICO of the specific information they felt
had not been provided (it was a housing association and there had been a
long-running dispute - competition in getting people to sign up and move
away from Council-run housing)so the ICO did ask why x, y z was not
provided.
D
-----Original Message-----
From: Carter, Antoinette (CCM)
[mailto:[log in to unmask]]
Sent: 10 August 2004 15:13
To: [log in to unmask]
Subject: Re: Non Disclosures to Data Subjects - not advi sing them
***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
But the ICO could not ask the question "why did you withhold x, y, z" if
you had not told the data subject what "x, y, z" was.
To para-phrase Donald Rumsfelt, there are known knowns, unknown knowns,
and unknown unknowns. How can we ask for it, if we don't know what "it"
is?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 10 August 2004 14:48
To: [log in to unmask]
Subject: Re: [data-protection] Non Disclosures to Data Subjects - not
advi sing them
***** THIS EMAIL WAS SENT VIA THE INTERNET *****
Should have said "not" provided.
D
-----Original Message-----
From: Broom, Doreen
Sent: 10 August 2004 14:22
To: [log in to unmask]
Subject: Re: Non Disclosures to Data Subjects - not advi sing them
***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
***** THIS EMAIL WAS SENT VIA THE INTERNET *****
I have had experience of OIC writing to me to ask why certain
information was provided. I explained the reasons and never ended up in
Court. Anything with justification is OK. D
-----Original Message-----
From: Arthur Howell [mailto:[log in to unmask]]
Sent: 10 August 2004 14:08
To: [log in to unmask]
Subject: Re: Non Disclosures to Data Subjects - not advi sing them
***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****
It's not a question of exemptions that are applicable, if I as a Data
Subject have suffered distress and it was due to a confidential letter
(but did not know that it existed) and I request all the data held,
then I would expect to receive it or be advised that the contents cannot
be disclosed because it is confidential. I can then challenge that in
court however, what the ICON is saying is that I (as the Data
controller) do not have a requirement to even tell the Subject about the
letter in which case they will never know - Is that fair?
-----Original Message-----
From: Tim Turner [mailto:[log in to unmask]]
Sent: 10 August 2004 13:59
To: [log in to unmask]
Subject: Re: Non Disclosures to Data Subjects - not advi sing them
Unless there is a crucial bit I have missed, the Data Protection Act
does not require Data Controllers to inform Data Subjects about which
exemptions they have used. In what way is it incorrect to advise people
that this is the case? The IC's staff, in my experience, tell you what
the Act says. Anything more than that is good practice and rightly or
wrongly, they don't go in for that. It's not incorrect, it just might
seem undesirable. Most of them won't tell you what you should do, only
what you have to do. In any given individual case, it might be right to
tip the requester off about the type of information you've withheld, and
equally it might be right to tell them the absolute minimum. And it's
the DP officer on the ground who should do that, having had their
parameters set by the Act (first and foremost) and then by the
regulator.
Tim Turner
Wigan Council
> ----------
> From: Carter, Antoinette
> (CCM)[SMTP:[log in to unmask]]
> Reply To: Carter, Antoinette (CCM)
> Sent: 10 August 2004 12:31
> To: [log in to unmask]
> Subject: Re: [data-protection] Non Disclosures to Data Subjects -
not
> advising them
>
> I completely agree with you; being kept in the dark as to what
> information has been withheld from the data subject gives the Data
> Controller carte blanche to do precisely what they want with no form
> of redress.
>
> But I don't think it is the DP Act at fault, it's the ICO's inability
> (or unwillingness?) to apply the law correctly that is the problem.
> Is it any wonder the EU are investigating us.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Arthur Howell
> Sent: 10 August 2004 12:09
> To: [log in to unmask]
> Subject: [data-protection] Non Disclosures to Data Subjects - not
> advising them
>
> This may be of interest.
>
> The original question to the IC Office was:-
>
> I recently telephoned to get clarification on whether we should advise
> the Data Subject that we are not disclosing certain confidential
> information, I was advised that we need not inform the Data Subject,
> I am somewhat disturbed by this advice.
>
> If the information pertains to an investigation (crime and taxation ,
> distress may be caused etc) and there is an exemption and we need
> not advise, then there is no issue however, if it is a duty to
> confidentiality only I believe the Data Subject has a right to be
> informed that we are not disclosing for that reason (they can then
> challenge that decision through the courts etc).
>
> 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?).
>
>
> I would like a definitive statement as to whether we should always
> advise the Data Subject that we are not disclosing unless an exemption
> applies. of the Act.
>
> The reply from the IC Office is:-
>
> ________________________________________________________________
>
> I can confirm that the information provided to you by the Helpline is
> correct. When responding to a subject access request, the data
> controller is required to do various things however there is no
> requirement that the individual concerned be told of any exemptions
> that have been applied or about information that has been withheld.
>
> The Act merely requires that data controllers supply individuals with
> access (usually copies) of all that personal data that the Act
> requires to be provided in response to the request.
>
> There is no legal requirement to advise individuals if or why any
> information has not been supplied in response to a subject access
> request however there is also no bar on this being provided on a
> voluntary basis - this is entirely up to the data controller to
> decide.
>
> As you say there are circumstances (eg s29) where it may not be
> sensible to provide such information. Ultimately it is for the data
> controller to take a view on this voluntary action.
> ______________________________________________________________
>
> My faith in the DP Act is diminishing.
>
> Arthur
> Bath & North East Somerset Council
>
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