My feeling is not. Susan has rightly pointed out what disproportionate
effort refers to. It is not the search, nor the retrieval element.
Your best course of action is to discuss with the requestor what is required
and to provide that.
The challenge with SARs is that we receive them after we have hacked someone
off big-time, so they may simply not care at all and require you to walk the
entire distance JUST to get back at you. Almost always this comes down to
handling complaints well in the first place. And not having staff hide (as
did my ISP) behind the DPA when asked for information to which the
individual is entitled anyway (The ISP's Data Protection Manager was
horrified that staff had been saying "You must send in an SAR", and will
probably kill them)
It is lawful to discuss the requestor's requirements with them, and it is
pragmatic and good business to do so
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Turner8
Sent: 12 May 2005 09:50
To: [log in to unmask]
Subject: Re: [data-protection] Disproportionate Effort
Thanks Susan,
The nature of the request I have received means that the vast amount of
effort is in the search and retrieval of information. With that in mind, is
there an appropriate limit for DPA? Has ther been any case law around this?
Thanks,
Stewart
----- Original Message -----
From: "Healy, Susan" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, May 12, 2005 9:43 AM
Subject: Re: [data-protection] Disproportionate Effort
disproportionate effort applies only in relation to provision of information
in PERMANENT form. There is no exemption on these grounds from the basic
obligation to provide data subjects with the information requested under DPA
s 7.
Where the personal information is category (e) data, introduced by the FOI
Act, the FOI cost limit applies. You can find out about the cost limit here:
http://www.foi.gov.uk/feesguide.htm
Susan Healy
Head of Information Policy and Legislation Unit The National Archives Kew
Surrey TW9 4DU Tel 020-8392 5330 ext 2305 www.nationalarchives.gov.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Turner8
Sent: 12 May 2005 08:37
To: [log in to unmask]
Subject: [data-protection] Disproportionate Effort
Can anyone fill me in on what the most recent guidance on disproportionate
effort is for a DPA request?
Would it be defensible to use FOI guidelines?
What is the generally accepted reaction to a general "everything about or
referring to me" type of SAR for a public body?
I'd be extreeemely grateful for any advice or pointers to good information
sources.
Regards,
Stewart.
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