Section 8 (1)(b)of the FOISA 2002 states that requests should contain "the
name of the applicant and an address for correspondence". "The name of the
applicant" has now been interpreted by the Scottish Commissioner to be the
actual name, which seems logical. Section 8 (1)(b) of the FOIA 2000 says the
same thing; the Other Commissioner seems to have come to a different
conclusion on the same words.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: Tony Bowden [mailto:[log in to unmask]]
Sent: 30 May 2006 14:33
To: [log in to unmask]
Subject: Re: [data-protection] Anonymity when making FOI requests of your
own organisation
On Tue, May 30, 2006 at 02:16:10PM +0100, Carter, Antoinette (MCS) wrote:
> You must give your real name, as the public authority does not have to
> answer your request if you have used a false name or pseudonym.
This seems rather strange. As I understand UK law (note that I know next to
nothing about Scottish law), you are allowed, in most circumstances, to call
yourself by any name you choose, as long as it is not with intent to
defraud.
Technically, many people are known by a pseudonym as most people with middle
names, or who are known by shortened versions of their forename, do not use
their strict legal name for most things.
I presume that, if this is actually in the FOISA rather than just the
guidance, that it is expressed there in clearer legal terms? Or is there a
more general ruling that describes what a "false name" might be?
Tony
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