How could you word any request under FOI? As I understand it, if you only want information about yourself, it would be subject to the absolute exemption to personal data that is available under the FOI. If you wanted information about 3rd parties, it would be unlikely that you could meet the provisions for qualified exemption. If you asked for the contents of all pending trays, it would be refused as too general a request. However, I stand to be corrected.
Tony
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Ian Welton
Sent: 24 January 2005 11:31
To: [log in to unmask]
Subject: Re: Pending Trays
Would the contents then be subject to FOI?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Carter, Antoinette (CCM)
> Sent: Monday, January 24, 2005 11:29 AM
> To: [log in to unmask]
> Subject: FW: [data-protection] Pending Trays
>
>
> -----Original Message-----
> From: Carter, Antoinette (CCM)
> Sent: 24 January 2005 11:20
> To: 'Ian Welton'
> Subject: RE: [data-protection] Pending Trays
>
> Interesting question for a Monday morning. I would say that
> irrespective of Durrant, an in-tray is not a "relevant filing
> system" because you have not carried out the task of
> "filing", it is pre-filing not post-filing! An unopened
> envelope arriving in an in-tray is not "processing personal
> data", the personal data contained in it is only revealed
> when you perform the processing task of opening the letter
> and reading it. I think it is only when you've read it,
> decided whether or not to bin it, and decided that you
> shouldn't, that any sort of "filing" has taken place.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Ian Welton
> Sent: 24 January 2005 10:31
> To: [log in to unmask]
> Subject: [data-protection] Pending Trays
>
> Would a physical 'In-Tray' or 'Pending-Tray' be categorised
> as a post Durant filing system?
>
> If not, why not and what DPA issues would capture 'any'
> personal data so held?
>
> Ian w
>
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