I don't know about the DPA, but the Clear English campaign might also be
consulted (the letter-writer not you).
Nick Landau
----- Original Message -----
From: "Paul Dodgson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, November 13, 2006 4:01 PM
Subject: [data-protection] Incorrect use of the DPA 29(3)
Hi all,
I detail below a letter which asks the recipient to state the powers
they are exercising when making requests for information.
I am looking for it to be shot down, or otherwise wounded! It actually
relates, in part, to a very poor request from a housing benefit
inspector who made application using the wrong sections of the relevant
Act, and in any case was not certified!
Any views very much appreciated
Paul
Dear XXX,
I have from you a request for information (your ref xxxx). I have not
eluded to the case name for obvious data protection reasons.
The request is made under S29 (3) DPA 98.
Section 29(3) provides that personal data is exempt from non-disclosure
provisions if the disclosure is for purposes detailed in Section 29 (1).
In this case I consider that to relate to Section 29 (1) a,b or c.
[adjusted to suit]
This is fine. What is not is the statutory powers you wish to rely on
obliging us to release that information no longer protected from
non-disclosure by virtue of that described above.
I suggest you look at your letters in this regard. Clearly if any such
investigation [specific to the issues I am dealing with, but could be
amended to suit] ended in court and it came to the knowledge of the
court that inappropriate powers were cited, this could have a negative
impact insofar as your case is concerned.
I have an obligation to ensure that personal data is protected, subject
to the exemptions available in the Act and any enabling powers requiring
that such data be released consequent upon Section 29 (1) DPA 98. I
trust you understand that I cannot approve release of information on the
basis of what I have received thus far.
I strongly advise that you take advice from your Data Protection
Officer.
Yours etc
_______________________________________________________________________
Leicestershire County Council - rated a 'four-star' council by the Audit
Commission
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