I agree, Paul, that Durrant does not apply as far it relates to
structured data to the public sector except for hard copy personnel (HR)
files as these are excluded in the amendments in FOI. The definition of
personal data (substantive)will however apply, that is if we can regard
Durran as safe as it is still under appeal with the European Courts.
Also to remember the opinions of individuals at the DCA who beleive that
Durrant only applies in identical cases!( That was, I believe, the
arguement to the European Commission.
Happy New Year to everyone
Alan
Alan Stead
Service Manager-Information Governance
Nottingham City Council
Severns House
20 Middle Pavement
Nottingham NG1 7DW
Tel 0115.9158267
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 04 January 2006 14:47
To: [log in to unmask]
Subject: Re: [data-protection] DPA interface with FOISA
This is interesting, because in England, Wales and Northern Ireland the
FoIA
explicitly amends the Data Protection Act in respect of public
authorities.
It says:
68. - (1) Section 1 of the Data Protection Act 1998 (basic
interpretative
provisions) is amended in accordance with subsections (2) and (3).
(2) In subsection (1)-
(a) in the definition of "data", the word "or" at the end of paragraph
(c)
is omitted and after paragraph (d) there is inserted "or
(e) is recorded information held by a public authority and does not
fall
within any of paragraphs (a) to (d);", and
(b) after the definition of "processing" there is inserted- ""public
authority" has the same meaning as in the Freedom of Information
Act 2000;".
The definition of public authority in the FoIA covers UK institutions
and
those in England, Wales and Northern Ireland but not, of course,
Scotland.
I take this to mean that in England, Wales and Northern Ireland
unstructured
personal data held by a public authority is entirely within the DPA and
entirely outside the FoIA, by virtue of the exemption from access to
personal data included in the FoIA, which says:
40. - (1) Any information to which a request for information relates is
exempt information if it constitutes personal data of which the
applicant is
the data subject.
and then goes on to exempt personal data about other individuals subject
to
some complicated exceptions which I can't understand this soon after
coming
back to work after the break.
Because of the amendment which creates category (e) of data, the FoIA
has
the effect of extending - by my reckoning - all the Data Protection
Principles and the right of subject access, among other rights, to all
personal information held by a public authority in England, Wales or
Northern Ireland. Durant is irrelevant.
What I don't understand is how the situation in Scotland could be
significantly different.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
I hereby require any recipient of this message not to use my personal
data for direct marketing purposes.
----- Original Message -----
From: "Graeme Hawley" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, January 04, 2006 2:15 PM
Subject: DPA interface with FOISA
Hi there,
I suspect that this is old ground, but in trying to fathom out the
Durant thing in my mind, I came across this advice from the Scottish
Executive about structured / unstructured data:
"16.2.3 New Category of Data
At present the DPA only covers personal data in computerised format and
in some limited types of manual records. It will be extended for public
authorities subject to the FOISA to cover a new category of data. The
new category is "recorded information held by a public authority" which
does not fall within any of the other categories. This recorded
information is broken down into two types:
Structured - this is information structured by reference to individuals
or criteria relating to individuals but that does not fall within a
relevant filing system (key word Module 15) (i.e. specific information
on individuals is not readily accessible). Unstructured - this is all
other data and may include notebooks, files not structured by reference
to individuals, papers etc. The right of access will be extended to
cover both types of this new category of information. The result will be
that ALL recorded information about individuals held by a public
authority subject to the FOISA potentially will be covered by the DPA
for the purposes of access by the data subject and correction." (From
FOISA Open Learning Workbook, Module 16)
The thing is, although ALL personal data is covered by FOISA, in the
event of a request for personal data it is likely to be exempt or to be
treated under the DPA. Which seems to have a narrower definition of
unstructured personal data if the latest on Durant is anything to go by.
So, what is the point of having a wider definition in the FOISA
guidance??
Then... I think 'The UK verdict on Durant may still be overturned by the
EU, so should I operate under a broader definition of personal data on
the assumption that this will be the long term outcome?'
And besides - by aiming to be compliant with a wider definition, it
hopefully increases the chances of complying fully with the minimum.
Any thoughts on my thoughts, or the Scottish Executive guidance, anyone?
Happy New Year
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 e-mail message has been scanned for Viruses and Content
and cleared by NetIQ MailMarshal.
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of Nottingham City Council unless specifically
stated. If you have received it in error, please delete it from your system,
do not use, copy or disclose the information in any way nor act in reliance
on it and notify the sender immediately. Please note that Nottingham City
Council monitors e-mails sent or received. Further communication will
signify your consent to this.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|