Don't forget that you only have to provide a copy of the *information* you
hold, not the form in which it is held - and presumably, therefore, not
every repeated instance of it. Suppose, for example, you have a members'
register with a lot of details about the individual, some of which are then
made publicly available on your web site. It would be OK as far as I can
see just to provide the relevant extract from the register; the fact that
selected information also appears elsewhere is immaterial. To that extent
you may be making an artificial distinction. If there is personal data
which is *only* in the public domain and not held anywhere else, I can't see
any problem in supplying it as part of your DPA response, since it is
presumably easy enough for you to find.
The only potential problem I can see with this approach would be that you
would have to be sure that other instances of the information were genuine
duplicates, and that there had not been a transcription error at some point
along the line.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal data
for direct marketing purposes.
----- Original Message -----
From: "Cotterill Steve" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 27, 2006 2:33 PM
Subject: Information Request
Dear all,
I have had a request in from an ex-councillor requesting copies of all
material bearing his name. I will be discussing with him the implications of
the Durant vs FSA case and that he will need to be a bit more precise with
his request. However there is a high probability that some of the
information may already be in the public domain. I know under FOIA I won't
have to supply this but does anyone know if there are any responsibilities
for me to adhere to for information under the Data Protection Act that is
already in the public domain?
Is there such a thing as personal Data in the public domain?
Many Thanks
Steve
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Directorate of Finance
Council Offices, Foster Avenue,
Beeston, Nottingham, NG9 1AB
Tel: 0115 917 7777
Fax: 0115 917 3577
<http://www.broxtowe.gov.uk/> www.broxtowe.gov.uk
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