Basically, Local Authorities can only charge for something when they have a
Statutory power to do so. That power can be anywhere, not necessarily in,
for example, the DPA.
Obviously, where an Act specifically prevents charging - which the DPA
doesn't in Alan's cases - you can't charge.
So, the answer is (1) determine whether there is a prohibition on charging
and then (2) determine whether there is a power to do so somewhere.
Not that helpful but hopefully in the right direction.....
David Bownes
Data Protection and Security Officer, Sheffield City Council, Chief
Executive's Directorate, Corporate Resources, PO Box 1283, Sheffield S1 1UJ.
0114 2736891 FAX: 0114 2735576
-----Original Message-----
From: Alan Stead [mailto:[log in to unmask]]
Sent: 17 August 2006 12:00
To: [log in to unmask]
Subject: [data-protection] Charges under DPA
Are we loosing out on a revenue source?
I am aware that Section 7(2) of DPA allows us to charge a £10 fee for a
Section 7(1)_ request. Does anyone know of any restriction which says we
cannot make a similar charge for requests made under sections 29 (Police
CSA etc) and 35 (when it is not a court order)?
Alan
Alan Stead
Service Manager-Information Governance
Nottingham City Council
Guildhall
Burton Street
Nottingham NG1 4BT
Tel 0115.9154943
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