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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