I believe a statutory instrument passed late 2004 / early 2005 makes the
amendments to DPA contained in the FOI Act 2000 apply to Scottish public
authorities, but whether it encompasses this bit, I don't know. I'm sure the
intention was to ensure that whether you are covered by FOIA or FOISA, the
DPA works in the same way.
I don't know if it worked.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: Young, Janette [mailto:[log in to unmask]]
Sent: 13 April 2006 12:42
To: [log in to unmask]
Subject: Re: [data-protection] Prohibition of destruction with intent to
conceal
Graeme
I have found the bit which I think may apply, but it is in FoIA not DPA
Offence of altering etc. records with intent to prevent disclosure.
"77. - (1) Where-
(a) a request for information has been made to a public authority, and
(b) under section 1 of this Act or section 7 of the Data Protection Act
1998, the applicant would have been entitled (subject to payment of any fee)
to communication of any information in accordance with that section,
any person to whom this subsection applies is guilty of an offence if he
alters, defaces, blocks, erases, destroys or conceals any record held by the
public authority, with the intention of preventing the disclosure by that
authority of all, or any part, of the information to the communication of
which the applicant would have been entitled."
Janette
Janette Young
Information and Records Manager
The University of Wolverhampton
Wulfruna Street Wolverhampton WV1 1SB
Tel: 01902 322444
Fax: 01902 322281
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Graeme Hawley
Sent: 13 April 2006 12:26
To: [log in to unmask]
Subject: [data-protection] Prohibition of destruction with intent to conceal
Hi,
I hope that this is a quick and easy one. FOISA makes it a criminal offence
to destroy or conceal information that has been requested in order to
prevent its disclosure (Section 65 of the Scottish legislation). I suspect
that the same is true for personal data under the DPA (i.e. you are not
allowed to destroy someone's personal data in the event of a SAR so as to
escape from disclosing it), but I cannot find any reference to this in the
DPA. Am I not looking hard enough, or is it there somewhere?
Cheers
Graeme
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.
This footnote also confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses using Sophos
anti-virus software.
www.mimesweeper.com
www.sophos.com
**********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|