And you 'allude' to something rather than 'elude'. Better still, "I have
not
provided the case name for obvious data protection reasons."
Best wishes
Andrew
--On 14 November 2006 10:57 +0000 Simon Howarth
<[log in to unmask]> wrote:
> Wording could be improved to make it scan better, but the overall content
> is OK. I think requesting this confirmation is a wise move, if the
> request is in any way questioned.
>
> My only other comment is pedantic, and is to state that "datum is", but
> "data are".
>
> Simon.
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Nick Landau
> Sent: 13 November 2006 16:23
> To: [log in to unmask]
> Subject: Re: [data-protection] Incorrect use of the DPA 29(3)
>
> 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
>
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