I think the OIC's analysis is correct!
The other information (e.g. sources, if available etc) is linked to a SAR.
If the source is another individual, you have to consider S7(4)-S7(6).
The SAR is to ALL personal data unless the Data Subject willingly limits the
request.
C
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Pat Walshe
Sent: 12 February 2009 09:32
To: [log in to unmask]
Subject: Re: [data-protection] When an SAR is not an SAR
I agree that the ICO's decision is of real concern.
S7(7) of the DPA permits an individual to limit their SAR to 'personal data
of a prescribed
description'. Perhaps the ICO does not perceive the 'source' of information
as personal data
...... it will be interesting to see their analysis.
Bryan Garnier & Co should have acknowledged both the SAR and marketing
objection, and
in relation to the former, they should have asked for further information
necessary to
clarify Tim's request and to meet it (including whether information about
the source of the
data were 'available')
The ICO clearly has a case to answer.
Regards
Pat
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