On what point(s) do you disagree?
Nick
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: "Nick Landau" <[log in to unmask]>;
<[log in to unmask]>
Sent: Thursday, March 09, 2006 3:04 PM
Subject: RE: Retention periods
Disagree and I do know the difference between DP and FOI (10 years of DP
and 1year+ of FoI)- as I stated in my original e-mail - I was not
fortunate enough to escape FOI as I work for a public authority. Old
dog and tricks comes to mind...........and it's not even Friday.
Even when I have refused and it has gone to Commissioner for a decision
- even although they were DP - it still went for a decision and when
decision comes we are given option to disclose again by
Commissioner....and if we refuse the applicant has the right to ask for
an appeal....
D
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 09 March 2006 14:57
To: [log in to unmask]
Subject: Re: Retention periods
Well, for starters, the Data Protection Act applies to everyone whereas
the FoIA applies to only public authorities.
The scope of the DPA is all the information held by the organisation
about the individual.
The scope of the FoIA is all the non-personal information held by the
organisation.
Given this much broader scope of the FoIA there has to be an exchange
between the organisation and the individual as to what can be supplied -
indeed the Act puts a limit on the amount of information that can be
requested by the individual at one time and as a result negotiations
need to take place between them.
I would suggest that the practice of FoI is a lot different to that of
the DPA. The questions discussed in the FoI Discussion Group are along
the lines to how one should respond to a particular request.
In the DPA any information that is held about the individual must be
supplied to them, possibly unless it would be considered injurious to
them (as in the Health Service).
Nick Landau
----- Original Message -----
From: "Broom, Doreen" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, March 09, 2006 2:09 PM
Subject: Re: [data-protection] Retention periods
I note the comment relating to the other group for FoI. I am firmly of
the belief that DP and FoI should be together else why do we have IC in
England and Wales dealing with the same topic but I suppose, I do not
work for a private company and unfortunately, have the added task of
dealing with FOISA. For us in Scotland, yes we have a slightly
different Act so we have a slightly different system.
In any event, many members of the public write in under FOISA asking for
personal information - which has to be answered under FOISA and we write
back with specific exemption and sometimes have to advise that they
should make a Subject Access Request under DP.
Phew..........what have I started now?
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Scourfield, Brenda
Sent: 09 March 2006 14:01
To: [log in to unmask]
Subject: Retention periods
I accept what Tim is saying but when the person making the enquiry about
retention dates has a long and tangled history of SARs , FOI requests
and any other request you can think of, hoping to trip us up, we want
to make extra sure we answer correctly. Which of course is what we hope,
and always aim to do anyway, regardless of who is making the request.
Brenda Scourfield
Team Leader
I.T. Division
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1 TP
Tel 01437 775380
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