I was equally unsure, but having thought about it a bit this SI seems to be
about regularising the way in which permission may be given for official
documents to be reused and fees charged or conditions imposed. Presumably
because they don't want any confusion over
copyright in documents obtained under FoI, etc. If anyone has a better
idea, do share it.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Smith, Tony" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, June 16, 2005 5:16 PM
Subject: SI 2005 No 1515
Sorry to keep on about this but, has anyone figured out what the above SI
means? It seems to be saying that someone can ask for information under the
DPA or FOIA and there will be two decisions made. One is whether they can
have it and the other is whether they can use it for a set purpose. I must
be missing something but the following (extreme) hypothetical situations
occur to me:
1. I am having problems with the rent departrment of the council. I am on
housing benefit and believe my rent account is up-to-date. I apply for my HB
records. The council decides that I can't have them and, even if I could,
they could not be used in an argument with the rent department. I would
have to appeal to the IC to get the records and then to OPSI to use them.
2. I am a black person with a child. The school next door to my house has an
average pass rate of 8 GSEs each year but only has white pupils. I am aware
that roughly 1/2 the kids in the area are black. I apply for records about
how many white and black kids there are in the area and how many of each
group attend schools where 8 or more GSEs are obtained on average. I want
this information to complain about racism within the school admissions
policy (we are assuming that I am not entitled to the information under any
race/education or other legislation other than FOIA). The council say that I
can't have the information and, even if I could, I could not use it in the
complaint. I would, yet again, have to go to the IC and OPSI with two
different complaints.
Has anyone come up with a better explanation of what the SI means? Having
read it (and the explanatory memorandum) a number of times I am getting
increasingly confused.
Tony
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