Quite right and exactly why I said "may ... be personal data".
> Those parts of any exemption or SAR response which contain personal
> data relating to the data subject after redaction, and which then fall
> within the personal data definition as amended by Durant would be
> subject to the DPA.
One needs to decide if the information is personal data and apply Durant
earlier in the process. I suggest the following (over-simplified) approach:
1. Is it data (on computer, accessible public record, in a structured filing
system taking into account Durant interpretation of structured filing
system)?
2. If yes, is it personal data (relating to a living individual taking into
account Durant interpretation of "relating to"?
Then, and only then, treat the information as personal data and apply the
provisions of the DPA (exemptions, redaction etc etc)
Ian Mansbach
Mansbachs
Data Protection Practitioners
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phone: 0871 716 5060
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ian Welton
Sent: 16 September 2004 12:00
To: [log in to unmask]
Subject: Re: [data-protection] Police Requests
Ian Mansbach on 16 September 2004 at 11:13 said:-
> Oops, my previous post was badly written!
>
> It is the record of the request for disclosure that might "be
> kept forever,
> disclosed to anyone, transferred outside the EEA etc etc" not the
> information requested which may well be personal data and
> protected by the
> DPA.
Not necessarily.
Those parts of any exemption or SAR response which contain personal data
relating to the data subject after redaction, and which then fall within the
personal data definition as amended by Durant would be subject to the DPA.
Dependent upon the filing system thought appropriate by the responding
organisation that could be all, part, or none of the response.
I have certainly dealt with responses in the past when, after redaction, and
taken out of context, some of the data would certainly no longer be personal
data.
Ian W
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