Whoa there!
I wasn't using the NCND in any way connected to the MHT group!
We at MHT have no NCND policy. I was purely using the analogy as an
example of the way to state their letters in a practical manner to
assure people they are getting what the law entitles then too. I
certainly feel no need to 'obscure' whether people are getting a full
disclosure, they simply get what they are entitled to under the act.
MHT group is as open as it can be, and I assure you any formal subject
access requests that pass my desk are dealt with in a proper manner.
I wholeheartedly support openess in the public sector (as anybody who
has listened to me complain endlessly about the Durrant judgement will
know).
I have adopted the policy, of '(unless exemptions apply) 'if we can
find it, and it's about them, it's personal data and they should have
it'! As I believe this is fair, and we should adopt a culutre of
openess within all organisations, and be accountable to our
stakeholders. Durrant is (in my opinion) a retrograde step, behind
which I believe some authorities will try and hide.
This goes doubly for bodies which use public funds! I most certainly
encourage all I work with to use proffessional language in all
communications, as they will be aware of the possibility of disclosure
to the data subject. It's only a shame that the Freedom of Information
Act does not apply to organisations like RSL's and have a wider scope.
I apologise if my email appeared to go against the beliefs and
philosophy I have tried so hard to impress upon those sectors and
individuals I have worked with throughout my career.
Ralph T B O'Brien
Group Data Protection Officer
Metropolitan Housing Group
020 8829 8070
[log in to unmask]
Cambridge House
109 Mayes Road
Wood Green
London N22 6UR
www.mht-group.co.uk
Views expressed may be those of the sender and may not reflect
Metropolitan Housing Groups policy.
>>> Maurice Frankel <[log in to unmask]> 11/08/2004 13:11:33
>>>
Ralph,
This _was_ tongue in cheek, wasn't it?
A housing association, whose object is to "nurture thriving
communities" explaining its policy on refusal to confirm or deny by
reference to MI5 practice....?
Surely when a housing association withholds information from a data
subject it is usually to protect personal information about some other
individual, something that in most cases could be acknowledged to the
data subject without harm. Perhaps you will sometimes get a tricky
case - but in general, why the need to obscure whether or not you are
making a full disclosure?
Maurice Frankel
Campaign for Freedom of Information
On 11 Aug 2004, at 9:18, datap wrote:
> Dear all,
>
> In any event my responses all start -
>
> 'Please find attached all personal data required to be disclosed
under
> the terms of the Data Protection Act 1998'.
>
> That fairly much covers it, whether any is covered by an exemption
or
> not. A large discussion of this sort of issue has occurred in
national
> security debates with the MI5/6 'NCND' (Neither confirm nor deny)
> policy
> on s28 exemptions from subject access.
>
> The National Security Appeals Panel judgements are on the LCD's
> website, and make interesting reading.
>
>
> Weblink:
> http://www.dca.gov.uk/foi/inftrib.htm#part3
>
> Regards
>
>
>
>
>
>
> Ralph T B O'Brien
> Group Data Protection Officer
> Metropolitan Housing Group
> 020 8829 8070
> [log in to unmask]
>
> Cambridge House
> 109 Mayes Road
> Wood Green
> London N22 6UR
>
> www.mht-group.co.uk
>
> Views expressed may be those of the sender and may not reflect
> Metropolitan Housing Groups policy.
>
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Any views expressed in this message are those of the individual
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Metropolitan Housing Trust Limited is Charitable, registered under the
Industrial and Provident Societies Act 1965 No. 16337R.
Metropolitan Home ownership is Charitable, registered under the
Industrial and Provident Societies Act 1965 No. 16337R.
Stepforward is Charitable, registered under the Industrial and Provident
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