I had a request to disclose a couple of weeks ago, from Job Centre Plus, I 
think,  citing Schedule 2 and section 35(1) (required under any enactment) 
as reasons to justify disclosure. The act they quoted didn't authorise 
disclosure by the probation service so I just rang the person up. I 
pointed out that information about offences came under Schedule 3 and also 
that section 29 (1a) (detection of crime) was much more appropriate in 
this instance (suspected fraud), and suggested he got his data protection 
person to look more closely at the letters that were being sent out. A 
reworded request duly arrived and I disclosed the information. I could 
have sent a complicated letter and let them figure it out for themselves 
but I felt a phone call was more productive and less heavy handed.

Hilary Lawrenson, Data Protection Officer
National Probation Service - South Yorkshire
Head Office
45 Division Street
Sheffield, S1 4GE

Tel 0114 276 6911
Fax 0114 276 1967



Paul Dodgson <[log in to unmask]> 
Sent by: This list is for those interested in Data Protection issues 
<[log in to unmask]>
13/11/2006 16:01
Please respond to
Paul Dodgson <[log in to unmask]>


To
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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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