If the organisation carries out reasonable and proportionate searches to
locate personal data and subsequently determines that such data can not
reasonably be located, what does this say about the organisation's
records management practice?
If the same situation were applied in an FOI context, surely the
organisation would be subject to FOI s.46 notice from ICO? The FOI duty
to confirm or deny is not bound by any conditional "reasonableness" to
locate information.
Though the Ezsias -v- Welsh Ministers judgment is out there, I agree
with Renzo that it could well be a misapplication of the law.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 17 October 2008 14:40
To: [log in to unmask]
Subject: Re: [data-protection] Disproportionate Effort
Have to disagree with Ian on this.
Case of Ezsias v Welsh Ministers, November 2007 (Google it) the Court
held that organisations only have to carry out reasonable and
proportionate searches to locate personal data.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room CY4B, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Proactive Publishing Promotes Positive Perceptions
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Dean, Ian
Sent: 17 October 2008 14:31
To: [log in to unmask]
Subject: Re: [data-protection] Disproportionate Effort
Disproportionate effort does not unfortunately apply to the time it
takes to find and process a SAR. It only applies to the provision of the
information in hard copy form. If it would take too long to transcribe
etc into hard copy form then you are at liberty to argue
disproportionate effort and suggest it should be provided in another
form. You do still however have to provide.
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of
[log in to unmask]
Sent: 17 October 2008 14:15
To: [log in to unmask]
Subject: [data-protection] Disproportionate Effort
Can anyone advise if they have used Disproportionate Effort in dealing
with an SAR.
We have had a request which will require a lot of effort and time
putting together all the information that the requester requires.
Has anyone used Disproportionate effort recently and what is an
unacceptable amount of time/effort spent in dealing with a lengthy
request?
Regards
Warren Whewell,
Information and Security Officer
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