I have personally dealt with subject access requests as described below. The subject access requests were inspired by information here http://www.fassit.co.uk/access_records.htm
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Marchini, Renzo
Sent: 17 October 2008 17:06
To: [log in to unmask]
Subject: Re: [data-protection] Disproportionate Effort
Could be unstructured computerized data.
Whether or not you buy into Durant, any reference to an individual on any computer system might be "personal data" of that individual, and SARs can become a nightmare and disproportionate effort is then a helpful argument. Example (not that fanciful):
Subject: Please provide all personal data you hold about me.
Controller: under 7(3) please provide all information reasonably required for me to locate all personal data.
Subject: Fine. I want all no matter where it is. You have servers, please check them for all information "relating to" me. I have sent emails to 100 employees over the years. They all have PCs. Please check their outlook/in-boxes and any local documents they have created on their PCs. Yes, I'm serious, ALL personal data. Please also check the hard drive of X who may have left last year...
Controller: that's a lot of work.
Subject: here's £10.
Controller: Eszias v Welsh Ministers says .....
Renzo
Renzo Marchini
Dechert LLP
+44 (0) 20 7184 7563 direct
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[log in to unmask]
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-----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 16:57
To: [log in to unmask]
Subject: Re: [data-protection] Disproportionate Effort
In most cases the argument is in any event rather academic for most of
us here (public authorities).
If its structured data finding it is unlikely to be disproportionate or
unreasonable.
If its unstructured data we have the costs exemption in Section 9A DPA
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 Ronan Durnin
Sent: 17 October 2008 15:58
To: [log in to unmask]
Subject: Re: [data-protection] Disproportionate Effort
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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