Dear List,
When does an FOI request become a DPA request or is this just common sense
lost in the labyrinth of my pre-Easter vacation mind?
1. If Mr. X telephones and asks "Has Cllr. Z responded to my complaint letter and forwarded it to
the Chief Executive", this is neither an FOI request nor is it a DPA
request. (It is not in writing.)
2. If I respond by saying no, we do not have anything on file from Cllr.Z
regarding your complaint letter, have I violated the Data Protection act
by revealing such information? (I say no because there was information to
reveal and it was not of a personal nature, that is I have not disclosed
any of the letter's content.)
3. If I state yes, we have a letter on file from Cllr. Z (Mr. X's
complaint letter), have I violated the DPA by revealing personal data? (I
have revealed that Mr X has sent a complaint letter to Cllr. Z and the
Chief Executive has it (the caller may not be Mr. X))
4. If Mr. X telephones and asks "Has Cllr. Z sent my complaint letter to
the Chief Executive" and I ask Cllr. Z "Have you received a complaint
letter from Mr. X?" Have I violated the DPA by revealing to Cllr. Z that
Mr. X has called about a letter that Mr. X sent, or alleged to have sent
to Cllr. Z? (I don't think so because there is no data in question.)
5. If Mr. X writes an FOI request and asks, "Do you have on file in the Chief Executive's
office a copy of a letter that I sent to Cllr. Z" is this really a DPA
request because it is information personal to Mr. X?
6. If Mr. X writes an FOI request and ask "Do you have on file in the Chief Executive's
office a copy of a complaint letter that I sent to Cllr. Z" and I contact
Cllr. Z about the request and the letter in question have I violated the
DPA? (I say maybe because the request should have been handled as a DPA
request?) (Yet, if it is an FOI request I cannot pursue it without
finding out if the letter was received and if I ask Cllr. Z about a
complaints letter Cllr. Z could respond "I get many letters, which letter
are you referring to?" If I state the person of the letter have I
violated the DPA?)
Any clarification would be appreciated, thanks
Lawrence
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