This would seem to be at odds with the information on the DCA website,
notably:
"The Freedom of Information Act amended the Data Protection Act so that
individuals can make subject access requests to public authorities on
“unstructured personal data”. The Freedom of Information and Data
Protection (Appropriate Limit and Fees) Regulations 2004 affect the Data
Protection Act only insofar as authorities can refuse subject access
requests for unstructured personal data where the cost of these is
estimated to exceed the appropriate limit. The same appropriate limit
applies both to subject access requests for unstructured personal data and
FOI requests. Public authorities should follow the procedures outlined in
step 3 above to calculate whether a subject access request for unstructured
personal data would exceed the appropriate limit. These Regulations do not
affect other forms of personal data subject access; nor do they affect
whether, and if so what, fees can be charged for any subject access
requests.
Any fees that are charged for subject access requests, including for
unstructured personal information, must be charged in accordance with the
existing Data Protection (Subject Access) (Fees and Miscellaneous
Provisions) Regulations 2000, available at:
http://www.legislation.hmso.gov.uk/si/si2000/20000191.htm"
Andrew
--On 18 March 2005 16:20 +0000 "Carter, Antoinette (KIS)"
<[log in to unmask]> wrote:
> 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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