Now I am about to display radiant ignorance. But that's ok, because others
will want to display the same stuff and are too shy :). I am also not a
lawyer. Or in net speak "IANAL" (and yes I suppose I could be accused of
being part of that acronym!
Do we start by looking at FOI and DP and seeing which law the request was
made under? Or do we start by saying "I am a private corporation and I
perceive that FOI does not apply to me"?
Assuming FOI to be 100% relevant here, if the request was made under DP, is
the FOI section binding or the DP section?
If unsure, does one opt for the widest (to be on the safe side) or the
narrowest (sucks to you!) of the two apparently conflicting paragraphs?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bownes David (CEX)
Sent: 25 February 2005 11:26
To: [log in to unmask]
Subject: Re: [data-protection] Identity of a data subject or requirement f
or further information to locate requested information
Sure can, Tim. There are a great many other examples of exactly this. The
formal process involved is the legislative regime itself. This particular
amendment is contained in primary legislation (the FOI Act) - all the
authority needed.
What is interesting is that like many such amendments, nobody actually
publicises it.
David Bownes
Data Protection and Security Officer, Sheffield City Council, Chief
Executive's Directorate, Corporate Finance, PO Box 1283, Sheffield S1 1UJ.
0114 2736891
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: 25 February 2005 11:29
To: [log in to unmask]
Subject: Re: [data-protection] Identity of a data subject or requirement for
further information to locate requested information
Can a section of one act "jus replace" a section of another? I was under
the impression that a formal process had to take place to state this.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bownes David (CEX)
Sent: 25 February 2005 11:18
To: [log in to unmask]
Subject: [data-protection] Identity of a data subject or requirement for
further information to locate requested information
A data controller needs to confirm the identity of someone making an SAR
under Section 7 of the DPA 98. The data controller may need further
information to locate what is being asked for.
Section 7(3) of the Act provides that the data controller need not comply
with an SAR until identity is established or further information is
provided.
How many of you knew that Section 7(3) was completely replaced by Paragraph
1 of Schedule 6 to the Freedom of Information Act 2000?
The new Section 7(3) places a positive duty on data controllers to inform
the data subject of the need for further identity or "location" information.
The duty to comply with the SAR is not removed until the duty to inform is
discharged.
Just a little Friday snippet.
David Bownes
Data Protection and Security Officer, Sheffield City Council, Chief
Executive's Directorate, Corporate Finance, PO Box 1283, Sheffield S1 1UJ.
0114 2736891
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been transmitted over a public network. If you suspect that the message may
have been intercepted or amended please tell us as soon as possible.
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