Dear all,
Scenario:
1. A SAR request is received from 'X' and serviced, all requested
personal data is released.
2. Shortly afterwards a complaint is received from 'X' (not in relation
to the SAR itself but in relation to something else)
3. The complaint is not upheld.
4. A second request for information is received seeking access to all
information that relates to the complaint. All of this information is
contained in a file marked 'X'
The request will be processed as a regular SAR (albeit a fresh one).
Predictably however the possible implications of Durant has engaged the
imaginations of a number of people.
My reading of the OICs Comments on the Durant case
(http://www.informationcommissioner.gov.uk/eventual.aspx?id=5152) is
that really nothing has changed on the ground in respect of the regular
servicing of SARs - the chief focus routinely being the checking of 3rd
party interests and the requisite judgement calls in relation to them.
What I think worrying however, in the train of Durant, is the growing
notion (however ill founded) that an SAR, submitted subsequent to a
first, begins to be seen as in some degree invalid once it is perceived
as a request for data chiefly concerned with a complaint rather than
simply a further request for personal data. (In relation to the example
above, not just worrying but, in my view, plain barmy)
Relatedly: Come next January I don't see a context within which the
Durant judgement can be practically sustained. (i.e. if you can't get it
under one Act, then there's always the other - Public Interest test
etc?)
Mmm, come January might even ask for the Durant complaint file myself -
well come on, if it's not personal data "the most important issue in the
[Durant] appeal", what then is it?
Anybody differ here.
Best,
Gerry.
Mr.G.Dane
University of Newcastle
Newcastle upon Tyne
NE1 7RU
Email: [log in to unmask]
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