Forgive me, I was unclear in my message. I agree that an enquiry need not
flag "I am a FoIA enquiry".
I simply have misgivings about "granting legal significance to every
enquiry" and in turning staff who receive simple enquiries into
mini-lawyers.
It seems to me that there have always been enquiries that are answered as a
matter of course and as part of doing business. Awarding these legal
significance where (probably) none is warranted seems to me to be over
reaction simply because there is a law in a "nearby field".
Where information is not of itself confidential, and a question "How long
will you keep this data for?" is not confidential is it, then all I am
suggesting is that this is an enquiry that would have been answered anyway.
Bringing the full panoply of FoIA into play for this seems to me to be both
valid and not necessary, a paradox which depends upon the viewpoint.
Surely one structures one's general ability to answer simple enquiries to
take FoIA into account anyway in terms of timeliness and so forth? If one
does not, then why does one not?
Again , FoIA is not my field and I do not dream to advise on it. I'm
looking at this as a member of the public "looking in" and interested in the
outcome.
-----Original Message-----
From: Blewitt, David [mailto:[log in to unmask]]
Sent: 09 March 2006 09:24
To: Tim Trent; [log in to unmask]
Subject: RE: [data-protection] Retention Dates
My understanding is that people making enquiries do not need to state that
it is under the FOIA, the onus is on you to assess whether it is covered as
a request under the act, and process it accordingly. They need not even be
aware of the act.
The easy way for Brenda to respond would be as she implied, to state the
retention schedule/policy for the type of documents concerned and that all
such documents are handled that way without exception.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 08 March 2006 17:09
To: [log in to unmask]
Subject: Re: [data-protection] Retention Dates
Would it not be simpler to treat this as a question which you will answer? I
assume there is nothing contentious in either the question or the answer?
While I have no skills at all in FoIA it just seems to be a simple
transaction that no-one needs to get concerned about provided the answer is
given clearly, calmly, competently and in the format the person would like
to receive it in.
If one is not careful then any request of a public body could be considered
to be FoIA related, surely?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 08 March 2006 15:01
To: [log in to unmask]
Subject: [data-protection] Retention Dates
We are holding files in Social Services regarding an adoption which were
passed to us from another Authority when the family moved into our area.
The father has now made an enquiry as to how long we intend to keep these
file before destruction. I explained that adoption files have laws which
govern how long they are held, but others may be governed by other retention
periods. My query is,would this be treated as an FOI request as obviously it
would apply to all files of that type (if adoption) regardless of whose they
were. Also, surely it is not requesting personal data, just a date.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
LEGAL INFORMATION
Information contained in this e-mail may be subject to public disclosure
under the Freedom of Information Act 2000. Unless the information is legally
exempt, the confidentiality of this e-mail and your reply cannot be
guaranteed.
Unless expressly stated otherwise, the information contained in this e-mail
& any files transmitted with it are intended for recipient recipient only.
If you are not the intended recipient you must not copy, distribute, or take
any action or reliance upon it. If you have received this e-mail in error,
you should notify the sender Blewitt, David [log in to unmask]
immediately and delete this email. Any unauthorised disclosure of the
information contained in this e-mail is strictly prohibited. Any views or
opinions presented are solely those of the author and do not necessarily
represent those of Tyne Metropolitan College unless explicitly stated
otherwise.
This e-mail and attachments have been scanned for viruses prior to leaving
Tyne Metropolitan College. Tyne Metropolitan College will not be liable for
any losses as a result of any viruses being passed on.
9/3/2006
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|