Much indebted.
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: "Carter, Antoinette (KIS)" <[log in to unmask]>
To: "Paul Ticher" <[log in to unmask]>; <[log in to unmask]>
Sent: Friday, March 18, 2005 4:20 PM
Subject: RE: [data-protection] Data Protection and FOI Fees
All correct except for the new category of information being included as
part of the £10 DSAR fee - it isn't. Requests for that category of data
only, from the data subject are chargeable according to the Fees Regs.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 18 March 2005 16:05
To: [log in to unmask]
Subject: Re: [data-protection] Data Protection and FOI Fees
My head always starts to spin at this point. Someone correct this if I'm
wrong:
The FoIA amends the DPA by adding a new category of personal data -
unstructured manual records held by a public authority.
Any application for personal data is made as a subject access request, under
DPA. The maximum fee is £10 and you only get to see information about
yourself. This would now include unstructured manual data held by a public
authority, provided you give them enough information to enable them to find
it.
You cannot apply for personal data about someone else under DPA (unless
you're authorised to act on their behalf).
You cannot normally see personal data about someone else under FoIA where
there is a duty of confidentiality to that third party, but confidentiality
would not apply to information relating to staff of the public authority, in
relation to their duties, and therefore this might well be included in a
FoIA response.
However, FoIA exempts personnel data held by the public authority from
access, so you cannot apply to see that.
Putting it the other way round, if you receive a request for personal data
(including unstructured manual data), handle it under DPA. If you receive a
request for other information, including information about people other than
the person asking, handle it under FoIA, but make sure to exclude any of the
information about individuals which has to be withheld. If you receive a
general request, get the person to be more explicit so that you can separate
out the different elements and apply the different time scales and charging
regimes.
Please tell me this is not too far off beam!
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: "Antoinette Carter" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, March 18, 2005 2:35 PM
Subject: Re: Data Protection and FOI Fees
The FOI Act amends the DP Act to include the new "unstructured manual data"
category, which would fall into charging regime of the "Fees Regs for FOI/DP
2004"
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Smith, Tony
Sent: 18 March 2005 14:12
To: [log in to unmask]
Subject: Re: [data-protection] Data Protection and FOI Fees
As far as I understand it, personal data is not covered by FOI.
Tony
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Helen Bartram
Sent: 17 March 2005 12:45
To: [log in to unmask]
Subject: Data Protection and FOI Fees
I'm finalising our joint FOI and DP fees policy. Please can someone
advise me about DP charges. Is the charge £10 for a subject access
request - but - if the request is for 'unstructured personal data'
then the request falls under the FOI charging i.e. £450 + if over 2 and
a half days work?
Would be willing to share their FOI and DP charging policy - I would
be grateful.
Many thanks
Helen
Helen Bartram
Freedom of Information Officer
Hull College
Queen's Gardens
HULL
HU1 3DG
Tel: 01482 598710
Fax 01482 598867
Email [log in to unmask]
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