Susan,
Thanks for the email. If the Police refuse to apply s.29(3), on what basis would one appeal? The exemption allows the Police to abrogate a data subject's data protection rights so long as conditions from schedule 2 and 3 are met. Thus, the exemption, if applied, allows the Police to process the information (disclose). If they are disclosing they must make it clear that this is not being disclosed under FOI or EIR and that the information is in confidence to the person requesting it.
My understanding is that the s.29(3) gets them out of the DPA issue. Something else needs to get them out of the FOIA issue. Leaving aside all the associated issues of the Police sending personal information relating to a crime or an alleged crime to a private individual, which strikes me as a bit odd.
Best,
Lawrence
-----Original Message-----
From: Healy, Susan [mailto:[log in to unmask]]
Sent: 07 November 2011 09:26
To: Lawrence Serewicz; [log in to unmask]
Subject: Disclosure under DPA s.29(3) [UNCLASSIFIED]
Laurence wrote:
"First, I write to the police requesting that they supply the information, which is personal information and therefore exempt under the FOIA. However, I ask that they consider s.29 (3) as an exemption to those data protection rights of the individual i.e. non-disclosure. If they agree, are they then responding to an FOI request? If so, are they required to provide the information for free? My request is in writing, it is stating what I want, and I am giving them the exemption for the data protection act, which would override any concerns about personal information.
I would be asking the police to explain under which regime are they disclosing information to me for a fee. It cannot be under the Data Protection Act because I am not requesting the information about myself. What s.29 (3) is doing is allowing them to disclose the information and overcome the DPA restrictions. Therefore, they are either disclosing under the EIR or FOIA. I would guess the FOIA. If it were neither, then it would need to be clarified. They could state that they are not providing it under either regime, but they would have to explain why my request for information is being processed in this way for a fee."
With respect, I do not think that a disclosure under DPA s29 is either FOIA or EIR because it is a disclosure to a specified person or body for a specified purpose and is not disclosure to the world at large.
Susan Healy
Information Policy Consultant and Data Protection Officer
Tel +44 (0)20 8392 5330 ext 2305
The National Archives, Kew, Richmond, Surrey TW9 4DU
www.nationalarchives.gov.uk
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