I would add a word of caution about the informal approach. If anything goes wrong and you do disclose something you shouldn't it may be difficult to avoid a finding of breach of principle 7.
The Portsmouth undertaking is worth considering :
http://tinyurl.com/6l6nwv3
It includes :
"... Appropriate checks and supervision are put in place to
ensure that third-party data is dealt with in accordance with
the Act's requirements and the data controller's policies and
procedures;
Personal data and sensitive personal data is not
disclosed to anyone except in accordance with the Act;..."
Phillip Bradshaw
Information Manager
Scrutiny Performance & Improvement
Room CY5C, County Hall
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of David Wilson
Sent: 03 May 2011 10:24
To: [log in to unmask]
Subject: Re: [data-protection] When does it become a SAR ?
Where the request is for a small amount of information involving current service provision, we tend to treat such requests as normal day to day business and provide it. However, if it involves a large amount of records or involve redaction or withholding of information, the request would be handled as a SAR.
As regards the capacity of a child to act on their own behalf, we follow the ICOs guidance of 12 years of age for a child of normal development.
The Social Worker is usually well placed to advise on the child's capacity. However, where a child is deemed to possess capacity, we do not usually require their consent to disclose information to their parents / carers (subject to certain exemptions) if they are obviously acting in the child's best interest, once again it is often a case of business as usual.
Many Thanks
David Wilson LLM
Data Protection Officer
01305 225175
Brenda Scourfield <[log in to unmask]>
Sent by: This list is for those interested in Data Protection issues <[log in to unmask]>
03/05/2011 10:07
Please respond to
Brenda Scourfield <[log in to unmask]>
To
[log in to unmask]
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Subject
[data-protection] When does it become a SAR ?
When does a request for personal data or copies of it become a SAR ? If foster carers request information recorded on thier file about themselves and their children, would this be dealt with as a SAR with our form being completed and payment of the fee of £10.00 ? Also, with consideration as to whether the children are of an age to make their own request ? The data could just be notes made by the social worker in charge of their case.
I'm afraid after 11 days off my brain is slow to get into DP mode again......
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