I guess "all the emails" would constitute a description. However, I don't
know how long it would take to find all the emails, but I would have to
estimate that, tell you, and then not do the work until you paid the fee. I
might also want the printing and postage from you as well, possibly upfront
with the fee.
On the other hand, if your description had some detail, and told me some of
the who, when or where, it probably wouldn't take long and the postage and
printing costs might be negligible, so I wouldn't bother even mentioning
fees and just get on with it. There would be an advantage on both sides for
the description to be more than a few words, as with a standard FOI request.
> ----------
> From: Smith, Tony[SMTP:[log in to unmask]]
> Reply To: Smith, Tony
> Sent: 29 July 2004 14:48
> To: [log in to unmask]
> Subject: Re: [data-protection] Subject Access
>
> But I don't think it says what a "description" is. If I ask for all
> e-mails concerning me, would the fact that I had said "e-mails"
> constitute a description.
>
> Tony
>
> -----Original Message-----
> From: Tim Turner [mailto:[log in to unmask]]
> Sent: 29 July 2004 14:19
> To: [log in to unmask]
> Subject: Re: Subject Access
>
>
> I may just be playing Devil's Advocate here, but I don't think FOI sweeps
> all unstructured data back into subject access unless you want it to. The
> amendment in the FOI Act states that people who want access to
> unstructured
> data have to give "a description" of it, which is a different threshold to
> that contained in the Data Protection Act (which says you can ask for
> information which will help you "locate" the data). The IC has also
> interpreted the amendment to mean that requests for unstructured data are
> covered by the FOI charging regulations.
>
> I think that if people want to see what's in ordered, coherent files, they
> should be able to do so via subject access. However, if they want
> unstructured data (i.e. every last beermat and post-it note) they should
> describe what they want and be subject to the slightly more rigorous FOI
> charging procedure. I perceive the amendment as creating a separate strand
> of access, not just bulking up subject access. I may be horribly wrong,
> and
> I haven't tested it, but it seems too easy to say that FOI amendment has
> such a seamless effect, because it seems to be slightly more subtle than
> that.
>
> Tim Turner
> Data Protection Officer
> Wigan Council
>
> > ----------
> > From: Grodzicka, Jenny[SMTP:[log in to unmask]]
> > Reply To: Grodzicka, Jenny
> > Sent: 29 July 2004 13:26
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Subject Access
> >
> > http://www.actnow.org.uk/DPCaselawUpdate.pdf
> >
> > There has been advice that we should be very careful about the Durant
> > ruling
> > and how we should apply it. The above link can help and also reminds us
> > about the changes (for us in the public sector) that FOI will bring -
> > which
> > basically means the Durant ruling would only apply to the private
> sector.
> >
> > Another quote in relation to the Durant ruling I have found which may
> > interest people is:
> >
> > "The European commission has suggested that the United Kingdom's
> approach
> > to
> > data protection law is not in line with The European Data Protection
> > Directive 15.07.04 Masons" http://www.legalday.co.uk/current/data.htm
> >
> > Another interesting link;
> > http://www.out-law.com/php/page.php?page_id=europeancommission1089896924
> >
> > Jenny Grodzicka
> > Information Officer
> >
> >
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Thomson, Christine
> > Sent: 29 July 2004 12:33
> > To: [log in to unmask]
> > Subject: [data-protection] Subject Access
> >
> > Two things spring immediately to mind. Does the legislation which
> covers
> > anonymity for 'whistle blowers' come into play and secondly how is the
> > data
> > held. If it is in a file is it a relevant filing system as accepted post
> > Durrant. It may not have to be disclosed anyway
> >
> > Christine Thomson
> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > 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
> > (all commands go to [log in to unmask] not the list please)
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> >
> >
> > **********************************************************************
> > This email and any files transmitted with it are confidential and
> > intended solely for the use of the individual or entity to whom they
> > are addressed. If you have received this email in error please notify
> > the system manager.
> >
> > This footnote also confirms that this email message has been swept by
> > MIMEsweeper for the presence of computer viruses.
> >
> > www.mimesweeper.com
> > **********************************************************************
> >
> > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> > 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
> > (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
> (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
> (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
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
