As a director of a private company my view is that we should be able to
charge where there is no statutory duty to provide the information FOC.
Imagine a small business faced with providing information that may take a
day to pull together. That's lost time and possibly revenue. Why should they
have to stand the cost?
Now, I totally agree with making the terms and conditions obvious and
perhaps there may be wriggle room there, but I wouldn't say invoicing for
the services provided is cheeky. Merely business.
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ben Plouviez
Sent: 04 November 2011 14:01
To: [log in to unmask]
Subject: Re: [data-protection] Can private companies charge for complying
with S.29(3) requests?
All Section 29 says is that you have, or believe you have, an exemption that
allows them to provide you with information (and, in the case of s29(3) to
do so without notifying the data subject. If you have a separate legal power
to *require* that information (as the police may with a warrant), then that
power will determine the terms on which they provide it. Otherwise, they're
simply providing you with a service, and can charge for it as they can for
any service they, as a commercial organisation, provide to anybody. Of
course if neither you nor they made clear the terms and conditions of
providing that service then it's a bit cheeky simply to whack in an invoice,
and some moral pressure at least can be applied to get them to waive the
charge.
Ben
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 04 November 2011 11:17
To: [log in to unmask]
Subject: Re: [data-protection] Can private companies charge for complying
with S.29(3) requests?
I think one can turn the question round.
Under what powers are they going to try to enforce payment of the charge?
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
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: Friday 04 November 2011 10:44
To: [log in to unmask]
Subject: Re: [data-protection] Can private companies charge for complying
with S.29(3) requests?
Ditto for s35 requests. Have people seen organisations charge for that too?
I think several Police forces charge about £75...
We've had lengthy discussions about it particularly in relation to providing
CCTV footage which can become quite costly once we spend hours searching and
fuzzying faces.
As mentioned, the legislation doesn't say you can charge...but doesn't say
you can't either. I'd hazard a guess they didn't intend charges, or
otherwise they would have put an amount on it like they did for SARs, but
maybe you could argue otherwise if the Act is silent about NOT charging?
Lynn
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