But it would depend upon who the request was made to. If the request was
made to BloggCar Taxis it would be exempt from FOIA as information held
by private companies does not fall under the Act (currently). If however
the request was made to the council about info held on BloggCar taxis,
it would be a relevant request under FOIA as the holder is a Public
Authority and therefore is subject to the Act.

S40 of FOIA is the exemption that refers to personal info. If the info
request is for info pertaining to the person making the request, then it
is an absolute exemption and has to be dealt with under DPA. If the info
requested relates to a third party then it is a qualified exemption and
subject to the Public Interest Test.

Therefore if BloggCar Taxis makes a request to a public authority for
info re BloggCar Taxis, I would think it would be an absolute exemption
and shold be dealt with as a DPA request. If Mrs Bloggs makes a request
for info on BloggCar Taxis it I think it would be a qualified exemption
but still subject to DPA principles

Mandi

Mandi Barron
Assistant Registrar (Regulation) and Information Officer
Bournemouth University, Registry
HR108, Heron House, 10 Christchurch Road
Bournemouth,  BH1 3NA
tel: +44 (0) 1202 964783   fax: +44 (0) 1202 963869
email: [log in to unmask]
 
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: Monday, May 23, 2005 9:57 AM
To: [log in to unmask]
Subject: Re: [data-protection] Sole Traders

Private companies are not covered by FOIA.  Can Mrs Bloggs obtain
information on Mr Bloggs under DP - it would have to be a joint request.
D

> -----Original Message-----
> From: This list is for those interested in Data Protection issues
[SMTP:[log in to unmask]] On Behalf Of Brenda Scourfield
> Sent: 23 May 2005 09:29
> To:   [log in to unmask]
> Subject:      Sole Traders
> 
> Joe Bloggs is a sole trader and runs BloggCar Taxis with his wife. His
> wife has made a SAR/FOIA request for info on Joe Bloggs, Mrs Bloggs,
> BloggCar Taxis or their address 22, High Street.
> 
> I understand this to represent the following
> 
> Mrs Bloggs   DP
> Joe Bloggs   DP
> 
> 22, High Street FOIA
> 
> However, with BloggCar Taxis, as Joe Bloggs is a sole trader, does the
> company come under DP or exempt from DP as a business, or under FOIA ?
> 
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>        All archives of messages are stored permanently and are
>       available to the world wide web community at large at
>       http://www.jiscmail.ac.uk/lists/data-protection.html
>       If you wish to leave this list please send the command
>        leave data-protection to [log in to unmask]
>             All user commands can be found at : -
>         http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to the list
owner
>               [log in to unmask]
>   (all commands go to [log in to unmask] not the list please)
>    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 
> PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
>  
> On entering the GSi, this email was scanned for viruses by the
Government Secure Intranet (GSi) virus scanning service supplied
exclusively by Energis in partnership with MessageLabs.
>  
> Please see
http://www.gsi.gov.uk/main/notices/information/gsi-003-2002.pdf for
further details.
> 
> In case of problems, please call your organisational IT helpdesk


********************************************************************
* This email is privileged, confidential and subject to copyright. *
* Any unauthorised use or disclosure of its content is prohibited. *
* The views expressed in this communication may not necessarily    *
* be the views held by Scottish Borders Council.                   *
* Please be aware that any email sent or received by the Council   *
* may require to be disclosed by the Council under the provisions  *
* of the Freedom of Information (Scotland) Act 2002.               *
********************************************************************

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
        http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list
owner
              [log in to unmask]
  (all commands go to [log in to unmask] not the list please)
   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
 
This e-mail is intended only for the person to whom it is addressed and may contain confidential information.  If you have received this e-mail in error, please notify the sender and delete this e-mail, which must not be copied, distributed or disclosed to any other person.
Any views or opinions presented are solely those of the author and do not necessarily represent those of Bournemouth University.  Nor can any contract be formed on the University's behalf via e-mail.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
        http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
              [log in to unmask]
  (all commands go to [log in to unmask] not the list please)
   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^