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Krissy Welsh <[log in to unmask]> wrote:
>In terms of Third Party data where consent may need to be 
>sought to disclose certain information, is this then included in 
>the 40 day period?  I'm sure I have read somewhere that the 
>40 days for this particular data does not start until consent has 
>been received.

This would seem to be covered by paragraph 7(8) of the Act 
which (to me at least) states that the period of obtaining consent 
is not part of the prescribed period as without the consent it 
would be a question of either witholding the data under section 
7(4)a or releasing it under 7(4)b. If 7(4)b is being used I would 
think the data has to be supplied within 40 days.

If 7(4)a is being used then such data as can be released without 
the consent of the third party should be released within the 40 
day period to comply with 7(5).

John Hitches  
John Hitches
 Information Security Officer
and Data Protection Officer
Kingston University
Telephone 020 8547 7768
The views expressed are those of the individual and
not necessarily those of the university


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