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DATA-PROTECTION  2005

DATA-PROTECTION 2005

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Subject:

Re: SI 2005 No 1515

From:

Edwina Withe <[log in to unmask]>

Reply-To:

Edwina Withe <[log in to unmask]>

Date:

Thu, 16 Jun 2005 18:02:45 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (77 lines)

It's about licensing the re-use of some public sector info.  Business
pays a fee to use the info.  Guidelines on OPSI web site.  Comes into
being on 1 July.

>>> "Smith, Tony" <[log in to unmask]> 16/06/2005
17:16:59 >>>
Sorry to keep on about this but, has anyone figured out what the above
SI means? It seems to be saying that someone can ask for information
under the DPA or FOIA and there will be two decisions made. One is
whether they can have it and the other is whether they can use it for a
set purpose. I must be missing something but the following (extreme)
hypothetical situations occur to me:

1. I am having problems with the rent departrment of the council. I am
on housing benefit and believe my rent account is up-to-date. I apply
for my HB  records. The council decides that I can't have them and, even
if I could, they could not be used in an argument with the rent
department.  I would have to appeal to the IC to get the records and
then to OPSI to use them.

2. I am a black person with a child. The school next door to my house
has an average pass rate of 8 GSEs each year but only has white pupils.
I am aware that roughly 1/2 the kids in the area are black. I apply for
records about how many white and black kids there are in the area and
how many of each group attend schools where 8 or more GSEs are obtained
on average. I want this information to complain about racism within the
school admissions policy (we are assuming that I am not entitled to the
information under any race/education or other legislation other than
FOIA). The council say that I can't have the information and, even if I
could, I could not use it in the complaint. I would, yet again, have to
go to the IC and OPSI with two different complaints. 

Has anyone come up with a better explanation of what the SI means?
Having read it (and the explanatory memorandum) a number of times I am
getting increasingly confused.

Tony



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