We always ask for the £10 cheque (which puts off the frovolous requester) but then return it when we send them their information "as a gesture of good will" which means we win the economic, arithmetic, and PR arguments....
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 05 July 2006 10:10
To: [log in to unmask]
Subject: Re: [data-protection] Cost of photocopying
The fee is probably useful as a deterrent to frivolous requests. Thus the apparent deficit of £2.50 may well be excellent arithmetic, but poor economics.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Salmon
Sent: 05 July 2006 10:04
To: [log in to unmask]
Subject: Re: [data-protection] Cost of photocopying
Consideration should be given to the actual cost of having to process a cheque for £10.00 .
I believe the accepted wisdom is that within a local authority the cost is about £12.15 per cheque.
Regards
Tim Salmon
Information Governance Officer
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 04 July 2006 11:23
To: [log in to unmask]
Subject: Re: [data-protection] Cost of photocopying
FOI Sections 68 onwards extend the definition of personal data. Section 69 is the bit being referred to here. Of course, the extension does not apply to the private sector.
I'm not sure that this makes things more bearable. The private sector can use the Durant judgement, sometimes to unlikely and extreme conclusions, to withhold personal information. Section 68 etc increase the burden of complexity for the public sector, and allows the applicant to request any unstructured personal data. Effectively, you can make two requests to the public authority - standard subject access, and an additional request for unstructured personal data subject to the FOI charging regime. The fact that charging can be burdensome and complicated means that some PAs don't bother to get into the distinction - they charge the £10 and give everything. So it could mean more work, and poses a genuine question about whether it's worth spending the time trying to charge for it.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: Tue 04 July 2006 11:05
To: [log in to unmask]
Subject: Re: [data-protection] Cost of photocopying
Lucy, can you give a source for that information, please? I was always under the impression that it as £10 and £0 only. Your information makes the burden on an organisation bearable, I'm just struggling to locate it.
-----Original Message-----
From: FINCHAM LUCY [mailto:[log in to unmask]]
Sent: 04 July 2006 11:03
To: Tim Trent
Subject: Re: [data-protection] Cost of photocopying
Unless it is unstructured personal data held in manual form, in which case the same fee structure as for FOIA can be used (which includes charging for disbursements, if you so wish). Also if this unstructured manual data is Personnel related, it can be exempt if you want.
Regards
Lucy
Date sent: Tue, 4 Jul 2006 10:50:33 +0100
Send reply to: Tim Trent <[log in to unmask]>
From: Tim Trent <[log in to unmask]>
Organization: Marketing Improvement
Subject: Re: [data-protection] Cost of photocopying
To: [log in to unmask]
> I fear you have £10 and that is your lot.
>
> This is why a malicious campaign of SARs can have a serious impact on
> the bottom line of any organisation.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
> Sent: 04 July 2006 09:10
> To: [log in to unmask]
> Subject: [data-protection] Cost of photocopying
>
> An old chestnut, but can someone remind me whether we can charge per
> sheet for photocopying for a DP Subject Access Request. I seem to
> remember that that the time taken cannot be be charged for, unlike FOI.
>
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