Lawrence - I had the same sort of situation a while ago - it was a Police Report and yes, you are the Data Controller. I was able to exempt as it was 3rd party information. However, I doubt if you could use that exemption. Only suggestion - would it cause damage/distress?
Sorry can't be of further help - interesting one though.
Doreen
-----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 January 2014 16:59
To: [log in to unmask]
Subject: Court reports does it matter who "owns" them or who holds them?
Dear All,
I am after some advice after trawling the archives.
Here is the scenario. Person X makes a SAR to the Council. They were in care so they have a lot of agencies involved with them. They are particularly interested in the Court Report, usually this is the summary of the case, which provides a information roadmap to their care.
Now the Council holds this report because it was prepared for the court. It was prepared for the court's purposes not for the Council's because the council did not need the summary.
Here are my questions.
1) Under DPA would the information be held by the Council? (My view is yes. However, I am conscious of FOIA whereby someone may hold information but only on behalf of another. I do not think this applies but I am not certain as I would need to understand whether the FOI approach to held can apply to PD as PD is more inclusive.)
2) Can the council, even though they are the data controller (I am assuming they are the data controller), disclose the personal data from the report without permission of the court? Or do they need the permission of the court. My view is that no they could not disclose as it is not their document.
I can be convinced either way, as some people I have asked have said they had guidance to suggest that it could NOT be disclosed. However, I have also heard someone say that they attended a meeting and the ICO said yes, you can disclose the court report as you are the data controller.
Have I just remembered a myth that has become agreed wisdom even though it is wrong?
Any advice or assistance would be gratefully received and reciprocated.
Thanks
Lawrence
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
"**********************************************************************
This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing GSX email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. **********************************************************************"
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|