Hi,
We have an ongoing appeal in relation to the compilation of statistics and freedom of information. It has now been lodged in the Supreme Court but it considers about fairness in relation to the data subjects i.e. we have not given a privacy notice to the data subjects concerned that we would compile the statistics. Unfortunately the judgement in the lower court is a little unclear hence we are currently appealing to the Supreme Court.
The appeal will also look at legitimate interest and necessity as set out in condition 6 of th Schedule 2 of the DPA.
Our position at present would be if you have not given a privacy notice in relation to the use of the information for statistical research then you can't process the data even if the recipient of the information i.e. the recipient of the statistics (which in our case were accepted to be personal data) could not identify the individuals concerned. However in our case, we were of the view that the recipient i.e. requestor would be able to identify the data subjects anyway.
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