Hi Carol,
My initial thoughts - it would be refused under FOI as it's PD (whether his or not), so must be disclosable under a SAR to someone. If the org has the information listed under his name, and they (now) believe him to be the man in question, then they should release it to him. If he had not revealed his suspicions to them, then surely there would not be an issue, and he just wants to find out what information is recorded about him. It's still about "him" after all. I would also argue that if the organisation did release the data it would assist them in working with this man to ensure the data quality/accuracy is correct.
Does the individual not believe that the SAR is from him?
Best wishes,
Michelle
Michelle Peel
Information Manager
Transport for Greater Manchester
2 Piccadilly Place, Manchester M1 3BG
Direct line: 0161 244 1123, Extension 701123
www.tfgm.com
Please do not print this email unless you really need to.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Johnson, Carol (Cent Serv)
Sent: 12 February 2016 14:45
To: [log in to unmask]
Subject: Re: [data-protection] refusal of SAR - friday conundrum [NOT PROTECTIVELY MARKED]
NOT PROTECTIVELY MARKED
Esteemed and knowledgeable colleagues,
I'd be grateful for your interpretation of this Friday conundrum
An individual submits a SAR to an organisation for information held about them in relation to a particular service. The individual has been in discussion with the particular organisation because they have contacted him about a change of circumstances which affects service provision and other information he is said to have reported to them.
The individual has not reported a change is circs or given any other information to the organisation and believes that someone may have portrayed to be him and reported false information maliciously.
The individual has submitted a SAR and requested information about him held by the organisation, in doing so he has also explained that he has not reported any change of circs. Identification of the individual submitting the SAR is not in question.
The organisation in question has refused to provide the information in response to the SAR even though the organisation believed it to be from him in the first instance and has acted upon it and made decisions about the individual based on that information and he is the focus of the information.
The individual states 'I have been refused information from xxxxx when I revealed I was not the person who gave it even though I am the person it relates too.... In fact I was told I would need to do it via a FOI request.
Any thoughts?
Regards
____________________________________________
Carol Johnson
Corporate Information Manager
Corporate Information Unit
Tel (01204) 331398
e-mail [log in to unmask]
Secure e-mail [log in to unmask]
NOT PROTECTIVELY MARKED
This e-mail and any attached files are confidential and may also be legally privileged. They are intended solely for the intended addressee. If you are not the addressee please e-mail it back to the sender and then immediately, permanently delete it. Do not read, print, re-transmit, store or act in reliance on it. This e-mail may be monitored by Bolton Council in accordance with current regulations. This footnote also confirms that this e-mail message has been swept for the presence of computer viruses currently known to Bolton Council. However, the recipient is responsible for virus-checking before opening this message and any attachment. Unless expressly stated to the contrary, any views expressed in this message are those of the individual sender and may not necessarily reflect the views of Bolton Council. http://www.bolton.gov.uk
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|