Just to be clear, an application for personal data where the applicant is
the data subject is not releasable under FoI since it is covered by the S.40
exemption which is absolute. In this instance, the data subject can apply
under S.7 of the Data Protection Act.
Where the personal data is that of a 3rd party, S.40 is a qualified
exemption and the right to release must be proved under the DP Act.
Re back up tapes - if this is the ICO's position then they are clearly
living in cloud cuckoo land. We have no way to access back up tapes to
search for information without a complete restore which would only be done
if there was a catastrophic failure eg fire. Nothing else is practical.
Martin Green
DCMS
-----Original Message-----
From: Drew, Alison [mailto:[log in to unmask]]
Sent: 10 May 2004 12:56
To: [log in to unmask]
Subject: Records 'held'
Our FoI project manager attended a conference last week and some of the
issues that were being debated on this list last week were brought up.
* According to Phil Catling from the Information Commissioner's Office
any personal information is not disclosable under FoI regardless of where it
is held (on a PC, in a drawer at work etc); work held at home is however
considered to be 'held' by an authority and needs to be disclosed (subject
of course to any exemptions.)
* The ICO will only take a hard line and prosecute if they have
received a complaint and the authority continued to refuse the release of
information requested. In very few cases would an individual be prosecuted.
* With regard to back up tapes and whether they would have to be
searched for each request, the answer was no as a complete final record
should be enough to satisfy the enquirer. The exception is if someone asks
for ALL information relating to a particular topic, including previous
drafts.
May the debate continue......
Alison Drew
Freedom of Information Project Officer
I.T Services
023 9268 8325
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