It's not binding. It's a statement of how the Authority will treat it.
It doesn't mean that that is the law.
I don't imagine there is any case-law directly on point, but if I were
arguing it, I would refer to the very recent arbitration case of Bernuth
Lines v High Seas Shipping [2005] EWHC 3020 (Comm),and the contract case
of The Brimnes [1975] QB 929 and Brinkibon v Stahag Stahl [1983] 2 AC 34
to argue the notice is effective when available in the addressees email
box, irrespective as to whether they are in the office or not.
Broom, Doreen wrote:
> What would happen in the case then if that person had gone off sick at
> the same time?
> I'm just being awkward today.........
> D
>
> -----Original Message-----
> From: Gerry Dane [mailto:[log in to unmask]]
> Sent: 23 February 2006 16:51
> To: Broom, Doreen; [log in to unmask]
> Subject: RE:Misdirected DPA/FoIA requests
>
> "Where in the Act does it state[...]
>
> I don't believe it does, everyone is hanging off of ICO guidance. If the
> organisation takes all reasonable measures to advise the applicant then
> the onus should then be on the applicant.
>
> However the guidance applies only in respect of FoI requests as I
> understand it.
>
> Gerry.
>
>
>
>>-----Original Message-----
>>From: This list is for those interested in Data Protection issues
>>[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
>>Sent: 23 February 2006 16:41
>>To: [log in to unmask]
>>Subject: Re: [data-protection] FW: [data-protection] Misdirected
>>DPA/FoIA requests (Out OfOffice)
>>
>>I don't think it is reasonable. Sorry the organisation is the public
>>authority not the individual and it is therefore the date it is
>>received at the public authority unless it is not a wrking day/public
>>holiday.
>>Where in the Act does it state that it must be sent to an individual.
>>Doreen
>>
>>
>>-----Original Message-----
>>From: This list is for those interested in Data Protection issues
>>[mailto:[log in to unmask]] On Behalf Of Simon Howarth
>>(RGC) Interim Information Governance Manager
>>Sent: 23 February 2006 09:12
>>To: [log in to unmask]
>>Subject: Re: FW: [data-protection] Misdirected DPA/FoIA requests (Out
>>OfOffice)
>>
>>Yes, I saw this and it seems reasonable. It certainly has a purpose,
>>unlike the rest of the signature which organisations seem to put on
>>these days!
>>
>>Simon.
>>
>>
>>
>>-----Original Message-----
>>From: J.S.M.Whitaker [mailto:[log in to unmask]]
>>Sent: 22 February 2006 21:00
>>To: [log in to unmask]
>>Subject: [data-protection] FW: [data-protection] Misdirected DPA/FoIA
>>requests (Out OfOffice)
>>
>>
>>And here is an example used by someone on the list with the interesting
>
>
>>addition of statement that if not re-directed, it will be treated as
>>received on return.
>>
>>Regards
>>
>>Jim
>>===============================================================
>>=========
>>====
>>===============
>>-----Original Message-----
>>Subject: Re: [data-protection] Misdirected DPA/FoIA requests (Out
>>OfOffice)
>>
>>I will be out of the office until 27/02/06.
>>
>>If you are making a Freedom of Information request, please redirect
>>your message to [log in to unmask]
>>
>>If you do not redirect your mail, your request will be treated as being
>
>
>>received from the date of my return.
>>###############################################################
>>#########
>>####
>>##########
>>
>>
>>
>>
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> PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
>
> On entering the GSi, this email was scanned for viruses by the
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