Notwithstanding issues related to differentiating pseudonyms from names the
sequence of the wording of the last sentence in the first paragraph could
well be the cause of some confusion., Unless the full stop of the preceding
sentence is always immediately recognised by everybody when skim reading.
Perhaps 'Therefore it would be difficult....., unless the public.....' would
have been clearer.
Reading those two paragaraphs in isolation one could legitimately conjecture
whether that particular full stop had at some time been a comma during the
drafting stage, leaving people to have to research other backgrond material
to ascertain the real basis behind the intended meaning.
Ian
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Tony Bowden
> Sent: 03 July 2006 10:07
> To: [log in to unmask]
> Subject: Re: Pseudonyms and FOI requests
>
>
> On Wed, Jun 28, 2006 at 10:54:51AM +0100, Lee Gardiner wrote:
> > The SIC is effectively saying the FOI request isn't valid with a
> > pseudonym whereas the ICO is saying the use of a pseudonym
> may lead to
> > a PA considering the request as potentially vexatious which is a
> > separate issue so I wouldn't say it's the opposite position, just
> > being looked at in a different light.
>
> Guidance Note 22 (on vexatious and repeated requests) talks a
> little about this:
>
> The Act requires applicants to make requests for information
> in writing and to state his or her name and an address for
> correspondence. Technically, therefore a request submitted using
> a pseudonym is not a proper request and could be refused on that
> ground. However, the Act does not allow public authorities to
> enquire into the circumstances of the applicant or to ask for
> information in order to verify identities. Unless the public
> authority *knows* that the applicant has used a pseudonym,
> therefore, it will be difficult to refuse a request on that
> ground.
>
> A better starting point is the assumption built into the Act
> that public authorities must generally discount the identity and
> circumstances of the applicant and must regard any release of
> information as if it were a release to the world at large. This
> approach recognises that although applicants cannot gain any
> advantage by using a pseudonym, they may have reasons for not
> wishing to draw attention to themselves by using the names under
> which they are normally known.
>
> (emphasis in original)
>
> Tony
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