Subject to one or two esoteric points £10 is the limit. s9A on unstructured information only refers to the costs exemption - not the fees chargeable which remain £10.
The esoteric points are around the difference between information and documents. Although s8 entitles the applicant to a copy of the 'information' in permanent form within the £10, there is clear case law that there is no entitlement to copies of documents as such.
One could imagine a file with much duplication where you could charge for copying the duplicated documents if the applicant wanted everything as that was additional to the information required.
Similarly in the scenario which came up yesterday. If the ICO is right and you do not have to supply a tape / DVD copy of a CCTV recording, but can provide the information as a written report, then you can (as under FOI) in theory charge for the cost of the tape. Effectively you are providing an additional voluntary service, so strictly it is not a charge for the SAR - it just looks like it.
Having said that, even in these hard times, I doubt whether I would stoop to that.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Information is the Currency of Democracy
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill, Steve
Sent: 25 February 2010 10:48
To: [log in to unmask]
Subject: Re: [data-protection] Appropriate Fees question
I talked to the ICO regarding a fee for a SAR earlier in the week because a lot of CCTV footage was required. They were quite definite I could not charge more than £10. I'm not sure about the unstructured data issue though.
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Resources Directorate
Council Offices, Foster Avenue,
Beeston, Nottingham, NG9 1AB
Tel: 0115 917 7777
Fax: 0115 917 3577
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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 Lawrence Serewicz
Sent: 25 February 2010 10:39
To: [log in to unmask]
Subject: [data-protection] Appropriate Fees question
Dear All,
I realize that this is an old question, but I wanted to revisit it. I checked the archives and there was some discussion on the issue.
I was trying to determine how much can be charged for photocopying in response to an SAR. I noted that there was some discussion, in 2006, about unstructured personal information being liable to a charge. However, I also recall, but I cannot find it on the web, a more recent Statutory Instrument clarifying the FOI/DP appropriate limits and fees. In that more recent SI, post 2006, it did not mention the distinction between unstructured and structured information.
What is adding to the confusion is that recent telephone calls to the ICO, suggested that it was £10 and no charge for photocopying. However, this
goes against what is in their guidance. I am not trying to catch out the ICO
but to find out what I need to be doing to make sure that we are charging appropriately
From Final Version 1.2 Freedom of Information Awareness Guidance No 1
"The usual subject access fee under the Data Protection Act is £10.
(Exceptions are a fee of up to £50 for medical records and a sliding scale for school pupil records.) However, where the request is for unstructured personal information, charges can be made in accordance with the Freedom of Information rules. These will be set out in regulations." (Page 2 of the
guidance)
http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detail
ed_specialist_guides/awareness_guidance_1_-_personal_information.pdf
(This is not dated but appears to be before 2006 because a message in archives makes reference to this language.)
If the guidance is the final word, then we can charge for photocopying where there is unstructured personal information. For example, someone requests copies of their timesheets for the past 5 years and these are not held electronically nor are they in the person's file. They are in a timesheet file for that service. My understanding is that it is structured chronologically so that the files have to be searched to to find the person's time sheets.
However, other guidance from the ICO states a different message.
"If you want access to unstructured information, you will need to describe the information you want so the authority can find it. Although the fee for access to public authority information is £10, the authority can estimate the cost of dealing with a request for unstructured information, and refuse the request if the cost is more than £450 (or £600 if it is central government)."
http://www.ico.gov.uk/upload/documents/library/data_protection/introductory/
subject_access_rights.pdf
(This is from July 2007)
The second guidance is suggesting that a fees limit exists in terms of compliance but not for charging. For example, if the time taken to comply with finding unstructured data is more than £600 then the organisation can refuse to comply. However, this is not saying, from what I can understand, that the authority can charge for the information or for photocopying it.
In sum, two questions:
£10 for SAR and no photocopying fees for unstructured data
or
£10 for SAR and photocopying fees for unstructurd data in accordance with the FOI schedule of fees
or
£10 for SAR and charges for photocopying regardless of structured or unstructured data.
and
Is data held in a manual file that is only structured by date (chronological) defined as unstructured personal information?
What is the most recent Statutory Instrument setting this out as the regulations?
Best,
Lawrence
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