Not just because it's a FOIA request. Section 77(1)(b) of FOIA applies the offence provisions to DPA subject access requests:
"Where- .
(a)a request for information has been made to a public authority, and
(b)under section 1 of this Act or section 7 of the Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section"
However, there needs to be mens rea ("with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled"). And, of course, it can only be committed once a proper request (i.e. in writing) is received.
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
follow us on twitter: @buckscclegal
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Donald Henderson - CHX
Sent: Tuesday 24 September 2013 12:42
To: [log in to unmask]
Subject: Re: [data-protection] SAR
Remember too that the request is a valid FOI request and deletion of relevant information following the receipt of the request would be an offence!
Donald Henderson
Information Compliance Manager
Perth & Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Grimbaldus
Sent: 24 September 2013 09:27
To: [log in to unmask]
Subject: Re: [data-protection] SAR
But if you do, the usual rules apply.
Whilst it is 'acceptable' under the Act to delete material in the normal course of business following receipt of a SAR, I feel the ICO would not look kindly on a Data Controller who did not seek to protect material that a Data Subject had specifically requested be retained.
Of course, it retention is not technically feasible or easy, the ICO's eyes might be more benevolent.
M
Sent from my iPad
On 24 Sep 2013, at 08:57, Jane Holden <[log in to unmask]> wrote:
> You're not legally required to record anything.
>
> Jane Holden
> Corporate Services Officer
> Barrow Borough Council
> Tel: (01229) 876543
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Marie Bentley
> Sent: 24 September 2013 08:52
> To: [log in to unmask]
> Subject: [data-protection] SAR
>
> Assistance needed please, never received a SAR like this before.
>
> I have received a letter from an individual who has advised me that she has made several phone calls to an officer in the authority who was out of office. She left messages on the authority's phone about her personal issues. She has said that when she left the messages she advised the officer whose phone it was, not to delete the recordings because she will be making a request for a copy of the recordings under the DPA.
>
> Messages can be saved for a short timeframe on the phone but the recording cannot be extracted from the system.
>
> Are we legally required to keep a copy of the recorded messages or just a note of the messages left?
>
> Thanks
>
> Marie
>
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