If you are asked for information under S29(3) of the Data Protection Act
if you choose to disclose you are disclosing under an exemption of the
DP Act - not FOI or EIR in my opinion.
Thanks
Brenda
Brenda Scourfield
Team Leader
I.T.
Pembrokeshire County Council
Swan House,
Swan Square,
Haverfordwest
SA61 2AN
01437 775380
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: 07 November 2011 11:44
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure under DPA s.29(3)
[UNCLASSIFIED]
There is no appeal process. S29 does not oblige disclosure. You can ask
but we don't have to supply.
Jane
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 07 November 2011 11:37
To: [log in to unmask]
Subject: Re: [data-protection] Disclosure under DPA s.29(3)
[UNCLASSIFIED]
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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