I thought that one of the reasons why Durant failed was the way that the
court of appeal understood the definition of data. However, under S68 of
FOIA the definition of data for public authorities is broadened and is
defined as "recorded information held by a public authority and does not
fall within any of the paragraphs (a) to (d)". This must then include all
data about an individual whether it be biographical or not.
So if a request for data is submitted under FOIA, the personal data
exemption applies and the request must be dealt with under DPA yet the
extension to the definition still applies.
I think!
--
Thank you and kind regards
Opinions are my own and do not necessarily reflect those of my employer
Rob Dawson
Institutional Compliance Officer
University College Chester
Parkgate Road
Chester
CH1 4BJ
[log in to unmask]
Tel: 01244 392892
Fax: 01244 392821
http://www.chester.ac.uk/
Quoting Tim Turner <[log in to unmask]>:
> I think "obstructive" is a subjective word. I'd substitute another, equally
> subjective one: "practical". If we search in properly structured files for
> information which really concerns a person, and not for every passing
> reference to them, we can do an efficient trawl and deliver the results
> well
> within the 40 day deadline. Managing the expectations of a requester
isn't
> necessarily "obstructive", any more than giving in to unreasonable
requests
> is "open and responsive". Admittedly, FOI opens up more data to the
> applicant. However, unstructured data is available under FOI's charging
> arrangements and is subject to a description of the data being
provided, so
> I see that as a separate search, rather than a component of subject
access.
>
> The applicant who arrives with no more than £10 and a demand for
> "everything" shouldn't automatically be given "everything". To be
reluctant
> to go along with that isn't being obstructive, it's being practical.
>
> Tim Turner
> Data Protection Officer
> Wigan Council
>
> > ----------
> > From: Edwina Withe[SMTP:edwina.withe@BRACKNELL-
FOREST.GOV.UK]
> > Reply To: Edwina Withe
> > Sent: 19 May 2004 14:38
> > To: [log in to unmask]
> > Subject: Re: [data-protection] UK's Data Protection Act Might Not
> > Meet European Union Standa rds
> >
> > Just because the Durant ruling is obstructive it doesnt impose any
> > obligation on you to be obstructive with regard to providing info.
> > Surely it would be better to be open and responsive when dealing
with
> > SARs instead of withholding information just because you can?
> >
> > >>> Tim Trent <[log in to unmask]>
19/05/2004 13:42:12
> > >>>
> > If we follow that track, it was, I think, in the early or mid 1990s
> > that the
> > Metropolitan Police Commissioner said that "police could no longer
> > prevent
> > crime, they could only attend it."
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Hubert, Paul
> > [STU]
> > Sent: Wednesday, May 19, 2004 12:03 PM
> > To: [log in to unmask]
> > Subject: Re: [data-protection] UK's Data Protection Act Might Not Meet
> > European Union Standa rds
> >
> > >Lack of enforcement means the law is bad law. It should either be
> > >repealed
> > or enforced.
> >
> > I think your view is too abstract, Tim. There are many areas of
> > society
> > where the enforcers of laws and statutory systems of regulation
> > exercise
> > discretion in a somewhat arbitrary way whether to pursue cases or
not.
> > The
> > police don't pursue every burglary reported, and the HSE don't pursue
> > every
> > breach of health and safety. If every breach of any law led to a
> > prosecution
> > the whole of society would be constantly in and out of the courts one
> > way
> > and another. The problem is where there is so much discretion
> > arbitrarily
> > exercised that it becomes impossible for anyone to know where they
> > stand
> > because similar cases get treated in wildly different ways.
> >
> > Paul
> >
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