Hi Richard
Am not really sure what you are getting at. What you say is a little
strange. are you agraid of being bombarded with bogus requests?
Surely the important thing is that no personal data is released except to
someone with a legitimate right to have it?
After all its the personal data we have to protect not our subject access
procedures.
colette
St Helens Council
Richard Poynder
<[log in to unmask] To: [log in to unmask]
> cc:
Sent by: This list is Subject: Re: SAR letter
for those interested
in Data Protection
issues
<data-protection@JISCM
AIL.AC.UK>
30/09/2002 14:33
Please respond to
Richard Poynder
Here's something that interests me: to what extent does the enquirer
need to establish a right to ask about the procedures for obtaining
information in the first place (i.e. simply enquire about the procedure
for obtaining what data is held, rather than specifically asking for
information on a named individual)?
In other words, is it acceptable to respond to an enquiry about how you
obtain the information and how much would it cost with the reply: "what
do you want it for?" And then only tell them the procedure itself if
they tell you why they want to know how to make an application?
Richard Poynder
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 27 September 2002 15:46
To: [log in to unmask]
Subject: Re: [data-protection] SAR letter
In a message dated 27/09/2002 14:19:28 GMT Daylight Time,
[log in to unmask]
writes:
<< If not, I can't find any obligation in the Act to reply at all, even
to ask them to send in the fee. Is this a loophole, or am being
obtuse? >>
-----------
Blimey, can't you tell it's Friday?
Putting another angle on this (geddit?) I can be just as obtuse
(pretending of course as I haven't actually asked you for my data) by
saying "as you did not inform me that you required a fee it is
reasonable for me to assume you did not charge for SARs and accordingly
your 40 days started when you received the letter."
The law says "such a fee (not exceeding the prescribed maximum) as he
may require". To require something in UK law you have to make that
requirement known to the individual concerned, either generally or
specifically. It's something to do with a requirement for transparency.
Ian Buckland
Managing Director
Keep IT Legal Ltd
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