[log in to unmask] on 15 September 2004 at 15:46 said:-
> An interesting conversation, chaps, but aren't we missing the
> point? If we
> have established that the information about the SAR will not
> be held in a
> relevant filing system - even if it's in the person's
> employment file it might not
> be covered post Durant - the length of time it is kept is of
> no legal concern.
>
> What some individuals out there seem to think is that Durant
> will only affect
> subject access requests. In fact, it will mean that the
> files do not have to
> comply with *any* of the Principles. Hold it as long as you
> want, whether
As a result of Durant and the FOI alterations that would seem to be an
existing situation for private sector organisations with respect to records
they choose to structure in order to avoid the DPA and its principles.
Those public sector organisations which store the s.29 or SA requests in a
way which means the material does not come within the DPA could end up
having to disclose under the FOI, as mentioned by yourself earlier, once the
relevant FOI exemptions were no longer available of course; A matter of
choice really, DPA or FOI.
Ian W
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