The way of phrasing the question is really easy.
"George, than you for your request. I'm calling you to say we will be
acknowledging it formally, and to tell you exactly what happens next. We
also want to get this exactly right for you. (general informational chat)
Is there a particular area that interests you most? ....."
Pretty obviously there is a need for sensitivity. It is not a conversation
to go at like a bull at a gate, but it starts to reassure the enquirer that
the enquiry is being taken seriously. Obviously if hostility is met then
the call closes very early. But note that the structure ensures that
"lawful business" is handled up front.
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
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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 Tim Turner
Sent: 12 July 2005 13:12
To: [log in to unmask]
Subject: Re: [data-protection] Handling a SAR outside the Act
Sensitivity: Confidential
I agree with Antoinette (and with Tim Trent's point about good customer
service). The fact that the applicant's motive cannot be used as an excuse
to withhold data doesn't make the question unacceptable. If you can develop
a polite, diplomatic dialogue with the applicant, they won't find anything
to object to or complain about. On the other hand, if they get the sense
that you're trying to evade or deflect the request, they'll be rightly
annoyed. If the person handling the request is sufficiently sensitive and
open, I don't see how asking a few questions to focus or understand the
request is a breach of anything. They can always say no.
Not that I necessarily achieve this harmonious approach myself (I have three
SARs on the go just now, and I doubt they're big fans), but my applicants
usually tell me what they're doing before I have a chance to ask.
Tim Turner
Wigan Council
> ----------
> From: Antoinette Carter[SMTP:[log in to unmask]]
> Reply To: [log in to unmask]
> Sent: 12 July 2005 12:52
> To: [log in to unmask]
> Subject: Re: [data-protection] Handling a SAR outside the Act
> Sensitivity: Confidential
>
> In my experience, when someone submits a SAR they are usually seeking
> "justice" and I find that on the whole a discussion with them as to
> how best to achieve their ultimate aim is very well received. I have
> found that people do not generally thank you for copying every last
> piece of paper with their name on it in response to a SAR, and
> targeting your response is in everyone's interests. The cases I deal
> with are invariably staff cases, and as we have a very low turnover of
> staff, they have often been employed for a number of years, and
> therefore have a mountain of personal data held by the organisation.
> By actually inviting them to a strictly confidential meeting, on a one
> to one basis, I can reassure them that I am there to help them, and we
> can then narrow down the search to one that is quickly and easily
> achieved, and which will actually help them. For example, people
> often don't want copies of their original job application etc., as
> their "beef" concerns more recent history. I often dangle the carrot
> of saying "well, if we can restrict the search to this period of time
> (for example) I can let you have it next week, instead of making you
> wait 40 days for it". I always say that they can ask me to widen the
> search again at a later date, but only one has ever done so, and
> no-one has ever complained about the way their SARs have been handled.
> In fact, one even sent an e-mail to my boss saying that if HR had
> handled their case half as sensibly as I had, they might never have
> referred their case to an Employment Tribunal. So I would agree with
> Tim that it is about giving the SAR a high standard of service.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: 12 July 2005 12:28
> To: [log in to unmask]
> Subject: Re: [data-protection] Handling a SAR outside the Act
> Sensitivity: Confidential
>
> I agree that the matter must be handled under the DPA because it was
> effectively issued under it.
>
> I agree that one is not "entitled" to extra information. My practical
> experience is different, because in practice a good, service oriented
> approach ensuring that you comply in all respects with the law tends
> to be a better approach than a pure DPA response. So this is a
> tightrope to be walked with care.
>
> I view a conversation as reasonable provided Member Relations know
> what they are doing. If not, then it can make a potentially awkward
> situation a bad one.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Jim Whitaker
> Sent: 12 July 2005 12:22
> To: [log in to unmask]
> Subject: Re: [data-protection] Handling a SAR outside the Act
> Sensitivity: Confidential
>
> Unless you need further information from them to help you identify
> what information they are seeking, I would advise against asking them
> for information about their request.
>
> You are not entitled to it and it is likely to be seen as unhelpful.
>
> Regards
>
> Jim
>
> ----------------------------------------------
> Jim Whitaker
> Head of Information Management and Internal Communications British
> Educational Communications and Technology agency Millburn Hill Road
> Science Park Telephone 024 7679 7452
> Coventry 024 7641 6994 (Ext 3341)
>
> CV4 7JJ Fax 024 7684 7071
> ======================================================================
> ==
> =======
> -----Original Message-----
> From: Hodgetts, Jonathan
> [mailto:[log in to unmask]]
> Sent: 12 July 2005 12:17
> To: [log in to unmask]
> Subject: Re: [data-protection] Handling a SAR outside the Act
> Sensitivity: Confidential
>
> Tim,
> Thank you for your reply. It is clear to me that the member intends
> for this to be actioned under the Act in that they ask:
>
> "I would like to make a "Subject Access Request" under section 7(1) of
> the
> 1998 Data Protection Act. Please could you provide me with complete
> disclosure of any information concerning me (if you have any) that I
> am entitled to view under the provision of the aforementioned act."
>
> I think my main concern is should we be contacting the member to ask
> the reason for their SAR, or could this be considered intrusive to
> their privacy?
>
>
>
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