In the circumstances described what happens when a public authority wrongly records the name of a person which even when challenged by the person that name continues to be the name by which that person is known to the authority?

I am thinking here of situations similar to amnesia where use is made of a John Doe like substitute for reference purposes.

If John Doe in attempting to find information about their real identity read that guidance it would tell them that they could not apply and that as an applicant they could loose the ultimate protection of the court...

Looked at that way some sensible interpretation is clearly required, as the guidance would appear not to be legally sustainable in all circumstances.  e,g, If the SICO denies John Doe access to a complaints procedure will they have failed in their role.

Ian W


-----Original Message-----
Wrom: MBIPBARHDMNNSKVFVWRKJVZCMHVIBGDADRZFSQHYUCDDJBLVLMHAALPTCXLYRWTQTIPWIGYOKSTTZRCLBDXRQBGJSNBOHMKHJYFMYXOEAIJJPHSCRTNHGSWZIDREXCAXZ
Sent: 27 June 2007 11:54
To: [log in to unmask]
Subject: Re: Name


The thing that gave rise to this guidance was counsel's opinion on the legal problems which follow from being uncertain of the identity of the applicant.

The Scottish Information Commissioner has to be able to make decisions and issue notices. These are legally enforceable, but this becomes problematic if the identity of the applicant is not clear. Finally, an anonymous person cannot appeal a case to the Court of Session.

The SIC guidance is quite interesting, because it over-simplifies the situation. If we receive a request from an anonymous applicant then we can actually chose to deal with it if we want. The problem is that the applicant's later appeal won't be considered by the SIC and the applicant doesn't have the ultimate protection of the Court..

Donald Henderson
Information Compliance Manager
Perth & Kinross Council



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Wrom: OWCONEUQZAAFXISHJEXXIMQZUIVOTQNQEMSFDULHPQQWOYIYZUNNYCGPKYLEJGDGVCJVTLBXFGGMEPYOQKEDOTWFAOBUZXUWLSZLKBRNVWWCUFPEGAUTFJMVRESKPN
Sent: 27 June 2007 10:31
To: [log in to unmask]
Subject: [data-protection] Name


All

 

This is an extract from the Scottish Information Commissioner’s FAQs:

 

Do I have to provide my real name and my full address when I ask for information? 
 
The Act says that a request must include the name of the applicant and an address for correspondence. The Commissioner has confirmed that an e-mail address is sufficient when you are asking for information. However, if you send your request by email, you must give your name in the body of the email to fulfil the requirement that the name of the applicant is given. Even if your name appears in your email address (e.g. [log in to unmask]) you must add your name to the text of your request, so that it is clear who the email is from. 

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. The Commissioner will not be able to carry out an investigation if he finds out that you have used a false name. 

If you have particular reasons for not wanting to reveal your identity to the public authority, you should ask a friend or family member to make the request for information.
 

 

 

Doreen Broom

Access to Information Officer

Scottish Borders Council

Corporate Resources - Corporate Administration

Tel: 01835 826516

e-mail: [log in to unmask]

 

 

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