This is actually quite heartening for a Friday afternoon.
I recall a similar argument that raged in the archives domain in the
early days of FOI, when we argued that many archives were not captured
by the provisions of FOIA by virtue of s. 3 (2) (a) since many archive
collections are held on loan or deposit "on behalf of another person",
thus allowing the "otherwise" of (a) to kick in and exclude them.
I thought we had lost that argument to the OIC's original stance that
all information that was in the possession of an authority was captured,
paralleling the EIR provisions, which were less specific.
I am sure Susan Healy will be able to give us the present position.
Robert Chell
Records Manager Rheolwr Cofnodion
Clerk to the Council Clerc i'r Cyngor
Room 111, County Hall Ystafell 111, Neuadd Sir
CARDIFF CF10 4UW CAERDYDD CF10 4UW
* [log in to unmask]
* 02 920 873327
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 08 June 2007 11:44
To: [log in to unmask]
Subject: Re: [data-protection] Personal email on company systmes
As has already been noted, the Information Commissioner (or in the FOI
context, the England Wales and Northern Ireland Commissioner) has said
that
personal emails aren't caught by FOI. The Scottish Commissioner has also
ruled on a case where an applicant wanted to see all emails sent by a
named
employee about himself or an angling club. The organisation concerned
found
only a few emails, and those had clearly been sent in a personal
capacity.
Mr Dunion decided that these were not covered by FOI and the applicant
couldn't have them because the public authority held them on the
employee's
behalf.
I do training on the side, and I am also doing a University course -
because
I sometimes do work at lunchtimes or travel to place after work, it's
not
unusual for me to have material related to either of these with me at
work.
However, even if Wigan allowed me to use the Council's facilities for
these
purposes (as it happens, I do it in my own time and don't use council
facilities), an FOI applicant would have no right of access to it
because
it's my stuff - the Council isn't responsible for it.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
Tel: 01942 488354 (ext 8354)
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Roland Perry
Sent: Fri 08 June 2007 11:31
To: [log in to unmask]
Subject: Re: [data-protection] Personal email on company systmes
In message
<[log in to unmask]>,
at 08:14:07 on Fri, 8 Jun 2007, "Tinsley, Chris"
<[log in to unmask]> writes
>A little bit off DP but, for a public body, if we hold information on
>our systems in a personal email, we still hold it and it still would be
>subject to FOI. So although we may have solved some of the DP issues
>we are left with FOI issues which are not solved by simply saying
>"it's personal".
But how far does that sort of thing go? Do you search the trouser
pockets of
all the staff in case they contain information relevant to other FOI
requests? What is the essential difference...
--
Roland Perry
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