JiscMail Logo
Email discussion lists for the UK Education and Research communities

Help for DATA-PROTECTION Archives


DATA-PROTECTION Archives

DATA-PROTECTION Archives


data-protection@JISCMAIL.AC.UK


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

DATA-PROTECTION Home

DATA-PROTECTION Home

DATA-PROTECTION  2006

DATA-PROTECTION 2006

Options

Subscribe or Unsubscribe

Subscribe or Unsubscribe

Log In

Log In

Get Password

Get Password

Subject:

Re: Verification of requestor identity - subject access

From:

"Broom, Doreen" <[log in to unmask]>

Reply-To:

Broom, Doreen

Date:

Tue, 31 Oct 2006 09:22:31 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (183 lines)

Our Social Work Department and Education Dept have an Open Access Policy
which allows individuals to view their files and obviously those contain
sensitive personal data.  Obviously anything which could cause harm or
distress would not be disclosed.
Doreen
 

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nigel Roberts
Sent: 30 October 2006 18:00
To: [log in to unmask]
Subject: Re: Verification of requestor identity - subject access

Indeed. But 'sensitive data' has always had a different Data Protection
treatment to ordinary data. (And probation and mental health
applications are clearly 'sensitive data').

For sensitive data, more checks /of course/ are required.

But in either case (and if you are a public authority there is a legal
obligation - HRA 1998) such checks MUST be 'proportionate'.

I am certainly not going to provide something with sensitive data on it
(like a bank statement), in order to access data which is routine and
NOT sensitive, clearly fails the 'sledgehammer' test for
proportionality.



Nigel

Simon Howarth wrote:
> I agree with those that say that some form of verification is 
> reasonable, although depending on the type of information required, 
> may lead to a request for less "critical" proof.
> 
> I dealt with requests for medical records for a NHS Trust for a while,

> and being a mental health trust I don't think we could have been doing

> our job properly if we simply relied on a letter and nothing more.
> 
> Part of our process was to send back a form that had to be filled in 
> and which request certain information to allow us to proceed knowing 
> that any risk of someone impersonating the subject was limited and
acceptable.
> 
> I would be very worried if I asked for my own sensitive information by

> letter, and was simply granted it - in fact I would be minded to 
> complain to the ICO!
> 
> Simon Howarth.
> 
> -----Original Message-----
> From: This list is for those interested in Data Protection issues 
> [mailto:[log in to unmask]] On Behalf Of Nigel Roberts
> Sent: 30 October 2006 14:46
> To: [log in to unmask]
> Subject: Re: [data-protection] Verification of requestor identity - 
> subject access
> 
> RONAN DURNIN wrote:
>> Dear All,
>>
>> I'm currently drafting some guidance concerning subject access
requests.
>>
>> With regards to verifying the identity of the requestor is it 
>> reasonable to ask that one form of official photographic ID be 
>> provided (identity cards, anyone?!) or in the absence of such ID, two
of the following:
> 
> I would suggest that it is UNREASONABLE. And the reason it is 
> unreasonable is that unless the person is at a counter, you have no 
> need to have the person's likeness provided or stored.
> 
> I will look up the law, but it seems to me that you need to be 
> reasonably satisfied that a person making the request is who they say 
> they are.
> 
> A signed letter, with a reply address ought to be sufficient to 
> satisfy 'reasonably satisifed'. Anyone who writes to you purporting to

> be the person concerned commits the offence of forgery if they are not

> who they say they are.
> 
> If they have access to the person's address, they can easily get hold 
> of a utility bill.
> 
>  > *	Written statement confirming identity of requestor by Religious
>  > Minister, Lawyer/Barrister or GP
>  >
> 
> A bit over the top for a mere SOA (its not a passport application), 
> but certainly sufficient for the purpose.
> 
> Nigel
> 
> PS: Requesting bank or credit card statements is IMO excessive data 
> collection -- yoiu have no need to know who I bank with, or what my 
> overdraft limit is!!
> 
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>        All archives of messages are stored permanently and are
>       available to the world wide web community at large at
>       http://www.jiscmail.ac.uk/lists/data-protection.html
>       If you wish to leave this list please send the command
>        leave data-protection to [log in to unmask]
>             All user commands can be found at : -
>         http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to the list
owner
>               [log in to unmask]
>   (all commands go to [log in to unmask] not the list please)
>    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>        All archives of messages are stored permanently and are
>       available to the world wide web community at large at
>       http://www.jiscmail.ac.uk/lists/data-protection.html
>       If you wish to leave this list please send the command
>        leave data-protection to [log in to unmask]
>             All user commands can be found at : -
>         http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to the list
owner
>               [log in to unmask]
>   (all commands go to [log in to unmask] not the list please)
>    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
        http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list
owner
              [log in to unmask]
  (all commands go to [log in to unmask] not the list please)
   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
On entering the GSI, this email was scanned for viruses by the
Government Secure Intranet (GSi) virus scanning service supplied
exclusively by Cable & Wireless in partnership with MessageLabs.
In case of problems, please call your organisational IT Helpdesk.
The MessageLabs Anti Virus Service is the first managed service to
achieve the CSIA Claims Tested Mark (CCTM Certificate Number
2006/04/0007), the UK Government quality mark initiative for information
security products and services.  For more information about this please
visit www.cctmark.gov.uk


********************************************************************
* This email is privileged, confidential and subject to copyright. *
* Any unauthorised use or disclosure of its content is prohibited. *
* The views expressed in this communication may not necessarily    *
* be the views held by Scottish Borders Council.                   *
* Please be aware that any email sent or received by the Council   *
* may require to be disclosed by the Council under the provisions  *
* of the Freedom of Information (Scotland) Act 2002.               *
********************************************************************

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
        http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
              [log in to unmask]
  (all commands go to [log in to unmask] not the list please)
   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Top of Message | Previous Page | Permalink

JiscMail Tools


RSS Feeds and Sharing


Advanced Options


Archives

March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
2006
2005
2004
2003
2002
2001
2000
1999
1998


JiscMail is a Jisc service.

View our service policies at https://www.jiscmail.ac.uk/policyandsecurity/ and Jisc's privacy policy at https://www.jisc.ac.uk/website/privacy-notice

For help and support help@jisc.ac.uk

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager