Maurice Frankel on 01 October 2004 at 14:45 said:-
> There's no second clock, and no parallel clock. There's one 40 day
> clock for the whole request, even where some data relates both to the
> data subject and another individual.
That is also my strict interpretation of the DPA 1998.
Atkinson, C. on 01 October 2004 at 14:42 said:-
>
> Concerning the issue of whether there is a separate 40 day
> 'consent' clock, when I raised this matter with the
> Information Commissioner's Office earlier this year the
> response was that this interpretation is likely to be
> inaccurate and they could find no circumstances in which
> other additional forty day periods might apply.
>
> Their view is that at the end of the 40 day period, if you
> have not received consent you need to make a decision whether
> to disclose without such consent. However, they did suggest
> that it would be perfectly proper to explain to a data
> subject that additional relevant information may be available
> in a short time - thus allowing them to submit a second
> request at a later date.
Whilst I am not advocating a second forty day clock in any way, the ICO's
stance would indicate situations could exist where it was necessary to
determine reasonableness of disclosure, irrespective of a third parties
input, because of a lack of time available to obtain that input.
Making a reasonableness determination not to disclose, and then advising the
data subject to make a further request to find out if consent has been
gained does seem potentially troublesome from both the data subjects point
of view and the data controllers.
Maybe these aspects are what caused the Data Protection Law and Practice
book to include the statement it does, as there could well be wider legal
implications in such a stance, as it does seem rather more like red tape
than common sense.
Ian W
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