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DATA-PROTECTION  2006

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Subject:

Re: Verifying Requests for Personal Data - What's Reasonable.

From:

Nick Landau <[log in to unmask]>

Reply-To:

Nick Landau <[log in to unmask]>

Date:

Fri, 28 Jul 2006 13:16:59 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (250 lines)

Don't talk to me about Westminster Council and parking tickets. I had two 
tickets issued for what it turned out were the same events.

One wouldn't have thought it was difficult to check tickets issued against 
registration numbers to spot on that a ticket issued was issued to the same 
number within a few minutes of each number.

I had write to councillors, the Leader of the Council and finally the second 
one was cancelled by the Director of Parking.

Jobsworth - you named that tune in one!

Nick Landau

----- Original Message ----- 
From: "Carter, Antoinette (MCS)" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, July 28, 2006 11:23 AM
Subject: Re: [data-protection] Verifying Requests for Personal Data - What's 
Reasonable.


I don't think it is lax at all; I think it strikes an appropriate
balance of interests for your circumstances.  At the risk of sounding
rude about Westminster's procedures; I think they go too far the other
way, and their procedures effectively prevent members of the public
making legitimate requests easily.  You should try getting a parking
ticket cancelled in Westminster and you'll see what I mean.

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 27 July 2006 15:06
To: [log in to unmask]
Subject: Re: [data-protection] Verifying Requests for Personal Data -
What's Reasonable.

As I explained to Fatima off-list this is a very small area - everybody
knows everybody and the majority of requests I have received have been
from employees and I certainly do not need ID to identify them.  The
other requests I have dealt with, the Council has been in correspondence
with them previously and it is usually people with grudges against the
Council.
As I said to Fatima - I have only ever had about 15 and that's after
about 10 years in DP.  I also understand the reason for ID in London and
if I practised there, I would probably do the same.
Sorry if you think I am being lax but I am happy with the current
procedures.  It may be that if a stranger comes along then I may ask for
ID.
I hope this explains the position.
D

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Humphrey, Barry
Sent: 27 July 2006 14:50
To: [log in to unmask]
Subject: Re: Verifying Requests for Personal Data - What's Reasonable.

On the basis that you are entitled to ask a data subject for any such
information that you may reasonably require to satisfy yourself of
his/her identity I fully support Fatima in her sensible approach.  It is
an approach I have also adopted by requesting at least one original
photographic ID (i.e. passport/ photo driving licence) and one original
proof of address (i.e. utility, bank or council tax bill).

Furthermore where someone else is acting on behalf of a data subject, in
additional to a letter of authority I also request the same original
proofs of identity from them as well.  This is stated as a requirement
on the SAR Form and if they do not comply then the personal data is not
released.  Those wishing to drop safeguards available to them do so at
their own risk.

Barry Humphrey
South Holland DC

-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Zohra, Fatima
Sent: 27 July 2006 14:18
To: [log in to unmask]
Subject: [data-protection] Verifying Requests for Personal Data - What's
Reasonable.

Dear Listserv,
As you are no doubt aware the Data Protection Act, specifically section
7(3), states that a Data Controller is not obliged to comply with a
request under this section unless he is supplied with such information
as he may reasonably  require in order to satisfy himself as to the
identity of the person making the request..

At Westminster, our current procedure is to ask for original
verification documents sent recorded delivery. Alternative arrangements
for photocopying originals at our One Stop Services which are then
witnessed by staff are also offered. Letters from Solicitors acting on
behalf of clients are acceptable, although we reserve the right to
confirm that this is in fact the case, i.e. a signed letter from the
client must accompany the application, together with address details
etc. Whilst every effort is made to accommodate individual circumstance,
for example, where applicants are physically unable to attend a One Stop
Shop. We reserve the right to maintain our verification standard. This
is in keeping the Metropolitan Police's procedure and most other
institutions, especially those in the private sector. I believe that
these steps are reasonable, as my first duty is to protect individuals
from unlawful disclosures. I also have a duty to the organisation, to
ensure procedures are in place that don't result in unlawful discloses.
Production of original documents is in my view not unreasonable - yet
the OIC is questioning this, by stating it believes that photocopies are
acceptable. Am I now to take it as given that when banks ask for
original documents they are in fact imposing a unreasonable requirement?
Where does this leave us in an age of identity fraud? I would be very
interested to hear from the listserv what procedures/requirements they
have for verifying identity for Subject Access Requests. I have done a
short trawl around Government departments (including the OIC) and
alarmingly they appear to have less stringent procedures than my own. Do
you think we are going over the top on this issue - personally as a
member of the public I would like to think that organisations were doing
everything in their power to stop unlawful disclosures, especially in
the light of recent events.


Fatima Zohra
Corporate Information Manager
Information Services
City of Westminster



************************************************************************
***********
Parking in Westminster is easier with our ParkRight guide.  It explains
how to park, where to park and includes a useful map of zone one.  For
your free copy call Parking Services on (020) 7823 4567 or visit
www.westminster.gov.uk/parking/

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