As I said, being unhelpful is counter-productive. There is nothing to be
gained from hindering the release of information to which a person is
entitled. Information received from third party organisations is still held,
and therefore, the person may be entitled to it. However, there is no
responsibility to obtain information from anyone else. That's taking being
helpful to an unreasonable point.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: Tinsley, Chris [mailto:[log in to unmask]]
Sent: 20 April 2006 10:31
To: [log in to unmask]
Subject: Re: [data-protection] Joint controllers
I think we are looking at the difference between public service and private
industry. As a public servant I do not believe it my job to "hinder" the
release of material we hold. If I can be helpful I would release
information that we hold on a data subject even if it has been supplied by
another organisation (subject to getting permission from them to release).
This will be to the benefit of the data subject who more often than not has
contacted us at a time of stress for them. I would also consider the
release of material from an organisation who I considered to be unreasonably
withholding information that we also have, we have on several occasions
entered in to arguments with third party organisations about the release of
material.
In the end LA hold information on behalf of the public and it my duty to
make sure that they have access to as much of it as I can reasonably
divulge.
Chris
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 20 April 2006 10:03
To: [log in to unmask]
Subject: Re: [data-protection] Joint controllers
This raises an interesting point. If the other controllers pass you data,
even to fulfil a SAR, aren't they passing data to a third party? And, if
so, do they have permission to do so?
I'm not criticising your helpfulness. It is highly unlikely that anyone
would make a formal complaint about helpfulness or the results of it.
But,
if you met a difficult person it might cause you undue grief. Or am I and
the wrong tree and my bark inextricably intertwined?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 20 April 2006 09:57
To: [log in to unmask]
Subject: Re: [data-protection] Joint controllers
Clearly, I am just being too helpful then. Sorry but the policy here is if
we hold the information then rather than being difficult to the requester we
should try and obtain the information otherwise you could be sending someone
off to make as many as 10 SAR's (costing the requester a considerable
sum)
but if I am wrong then please, I am certainly open to correction.........
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 20 April 2006 08:22
To: [log in to unmask]
Subject: Re: Joint controllers
I apologise in advance for how negative this is going to sound, but is the
first statement entirely true? Clearly, any organisation which is unhelpful
or obstructive is going to create problems rather than resolve them.
Nevertheless, the Data Protection Act doesn't contain any advice and
assistance provisions - "as helpful as possible" sounds like a high
threshold. I can do "helpful", but sometimes the best you can do is just
make sure you give out what the person is entitled to and that's it.
If we hold the data, we hand it over. If someone else holds the data, they
hand it over. If we know that someone else holds some data that the
applicant might think we have, we tell them.
I think we have to be helpful within reasonable limits, but the case
outlined here seems to imply that data is held by two separate
organisations. Both have responsibilities, unless one is merely processing
on behalf of another.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 19 April 2006 16:48
To: [log in to unmask]
Subject: Re: [data-protection] Joint controllers
You have to be as helpful as possible. You should write to College and ask
them if they have any objections to the disclosure.
I had one where he requested all information re his employment - there were
medical reports etc and I wrote to ask the Doctors' permission to disclose.
I presume this is the same type of scenario.
The other bit about Joint Data Controllers - I presume you have it in your
notification that you can disclose to the College and vice-versa.
Regards
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Mandi Barron
Sent: 19 April 2006 16:02
To: [log in to unmask]
Subject: Joint controllers
Been on leave and a bit rusty!
One of our courses is run by an FE college. Students are registered as
students of both the University and the College. ON successful completion
the student graduates at our awards ceremony and with our certificate.
I have received an SAR form an ex student of the college. I can supply the
limited in formation that we hold in the University. Am I obliged to also
obtain the info held by the college or does he have to apply to them direct
(with another SAR fee) even though the information the college holds will be
in relation to the University programme?
Not sure about Joint Controllers (assume that is what we are in this
situation)
Any advice appreciated
Mandi
Mandi Barron
Assistant Registrar (Regulation) and Information Officer
Bournemouth University, Registry
1st Floor Melbury House, 1-3 Oxford Road
Bournemouth, BH8 8ES
tel: +44 (0) 1202 961076 fax: +44 (0) 1202 961066
email: [log in to unmask]
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
On entering the GSi, this email was scanned for viruses by the Government
Secure Intranet (GSi) virus scanning service supplied exclusively by Cable &
Wireless in partnership with MessageLabs.
In case of problems, please call your organisational IT helpdesk.
********************************************************************
* This email is privileged, confidential and subject to copyright. *
* Any unauthorised use or disclosure of its content is prohibited. *
* The views expressed in this communication may not necessarily *
* be the views held by Scottish Borders Council. *
* Please be aware that any email sent or received by the Council *
* may require to be disclosed by the Council under the provisions *
* of the Freedom of Information (Scotland) Act 2002. *
********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
On entering the GSi, this email was scanned for viruses by the Government
Secure Intranet (GSi) virus scanning service supplied exclusively by Cable &
Wireless in partnership with MessageLabs.
In case of problems, please call your organisational IT helpdesk.
********************************************************************
* This email is privileged, confidential and subject to copyright. *
* Any unauthorised use or disclosure of its content is prohibited. *
* The views expressed in this communication may not necessarily *
* be the views held by Scottish Borders Council. *
* Please be aware that any email sent or received by the Council *
* may require to be disclosed by the Council under the provisions *
* of the Freedom of Information (Scotland) Act 2002. *
********************************************************************
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|