I agree with Donald. In this case don't over think it.
Firstly, you have consent to disclose to the social worker/individual
Secondly, there is entitlement to the records, subject to exemptions.
The charge I will leave in your hands, but for these instances I am really not bothered if the £10 doesn't come, this is someone's life and £10 seems somewhat inconsequential, but you must follow your organisational policy.
Once the GDPR comes into force in 2018 it's likely that charges will be removed anyway - so start now! (flippant comment).
Simon.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Kate Glanville
Sent: 27 January 2016 11:30
To: [log in to unmask]
Subject: [data-protection] Disclosure v Subject Access
Dear All
We are liaising with a social worker, working with a client who has quite complex mental health issues. As a result of his lifestyle he is threatened with homelessness and the social worker is trying to help him fight his case.
The social worker has written to us, enclosing a permission slip from the client, asking us to disclose various documents to her to help with his case. It will be a large bundle of documents when they are all located. She hasn't sent us the £10 SAR fee.
My question is, when does a disclosure become more of a SAR? I feel this should be a SAR (and so we'd request the £10 fee) rather than treated like a disclosure but I was interested in what the tipping point was for receiving a disclosure request (with consent) from an organisation as opposed to a SAR, would it be the volume of data required for example?
As I've begun to overthink this one (!) I wondered what your views were?
Any help gratefully received.
with kind regards
Kate
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