Lynn
I would stand by what I said earlier - even prior to court proceedings I find the idea distasteful of a public authority withholding information from a recipient of a civil penalty which the authority is relying on to support the imposition of the penalty. I appreciate that, in the real world things are a bit more complex, but I would hold to the principle.
Schedule 7(5) might, on its surface, permit the approach you are exploring. It doesn't explicitly suggest a balancing act has to be conducted between the data subject's rights and the prejudice to management forecasting. However, under HRA, it is unlawful for a public authority to act in a way which is incompatible with a Convention right, so that might well impose a similar test, even where the language of the DPA doesn't explicitly provide one. (Although with Human Rights I'm straying out of my comfort zone..!)
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
tel: 01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lynn Wyeth
Sent: Wednesday 03 November 2010 12:56
To: [log in to unmask]
Subject: [data-protection] Parking Tickets (PCNs) - Exemtions under DP?
Philip said
>I agree with Jonathan that under the appeals process you have to prove, and if necessary produce the documents, ESPECIALLY if they prejudice your case. To do otherwise would be both contrary to natural justice and maladministration in my view. But that is not the same as an SAR.
Exactly. You see this is where I need to be very clear on what processes we are using. If this gentleman has a right to this information under a different process, as and when each one of his 170 tickets comes before the adjudicator, then he will get what he's entitled to. We have no reason to hide anything. We'll no doubt win some and lose some.
What I am trying to get very clear in my head, so my lot don't try and withhold information wrongly, is whether the exemption for management planning flies under a SAR, as let's face it, it's another one that's a bit open to interpretation! I see this as being something very different to the justice and maladminstration aspect of things. We exempt info to ex members of staff who are taking us to Tribunal on s7(5) grounds... and then if they are entitled to it because the ET rules they are, or a court does, fine, they get it. The ICO has just agreed with us on a case like this that we could withold info under this exemption.
So my main question is not about whether you believe it right or wrong to try and withhold - or you think all ticket wardens are evil (Please trust me, they are all not and many suffer abuse and violence from repeat parking offenders clogging up our streets dangerously.) - but is it potentially a valid exemption under Subject Access Rights that I could consider applying on a case by case basis e.g. if it's going to court for non-payment now?
I have to put the case for and against... and I'm getting lots of againsts here, but I'm still not clear anyone has actually said why s7(5) would not apply under DP?
Thanks for the debate so far tho!
Lynn
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