I agree with this line of thought completely. I cover both DP and FOI
within my job and can vouch for the fact that it's not only your
organisation reputation that's affected but also your workload. It's
much quicker and easier to give people what they want straight away
rather than argue endlessly with them about what they can and can't
have.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of J.S.M.Whitaker
Sent: 16 March 2006 14:30
To: [log in to unmask]
Subject: Re: [data-protection] Durant - Can I ignore it?
You can release anything you chose (subject to not infringing the rights
of others). Indeed I would argue that good practice would suggest the
widest possible disclosure was normally the best course of action; after
all what have you got to hide.
Even if you are in (or getting towards) a dispute, full disclosure will
often help to demonstrate your organisation's wish to be open and
honest.
Don't wait for a legal process to drag it out of you under disclosure
etc.
Regards
Jim
========================================================
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graeme Hawley
Sent: Thursday, March 16, 2006 2:16 PM
To: [log in to unmask]
Subject: [data-protection] Durant - Can I ignore it?
Sorry to bring up Durant again.
I think that I have understood that Durant allows a data contoller to
take a very narrow definition of relevant paper filing systems (leaving
aside the FOI affected public authorities for the minute). But does
Durant stop a Data Contoller from applying a broader definition if they
so wish. In other words, just because Durant allows the pusillanimous
organisation the opportunity to discount folders with names on (but
sinfully arranged in chronological order - what's that all about?), does
the Durant ruling mean that a sturdier organisation is forbidden to go
that gruelling extra mile, and, for example, fish out an individuals
personnel file from the alphabetically arranged sequence of names in
response to that individual's request for access.
As it happens, I work for a public authority so am covered by FOISA and
its wider definition of relevant filing system anyway. Ironically, we
do hold information which I would like to apply a narrower definition
to, but FOISA means we cant. We hold upwards of 50 million pages of
manuscripts in our library collection, many of which contain personal
data. Despite the best efforts of our staff to catalogue these, my
guess is that they would more than classify as unstructured data not
held in a relevant filing system.
But because of FOISA, they are covered by access legislation, and all of
the various problems this creates (such as the theoretical possibility
that we may have to spend an unlimited amount of time and resources
searching for the existance of a persons name in tens of thousands of
paper documents - remembering that the FOISA charging structure does not
include time spent establishing whether the information is held or not).
Is it me?
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