It's Section 69 of the Freedom of Information Act, rather than an SI. I'm
still expecting to be told that I am completely wrong about my view of it,
but the way the amendment of the DPA reads, I just can't see it as being
just an expansion of subject access in itself. It may be easier simply to
see it like that, in which case all of my meanderings will come to nothing.
I've formed the impression that the absolute exemption for personal data had
strings attached anyway, but perhaps that's because the sum total of advice
I have read from various sources doesn't exactly add up to a shining beacon
of clarity.
> ----------
> From: [log in to unmask][SMTP:[log in to unmask]]
> Reply To: [log in to unmask]
> Sent: 29 July 2004 15:17
> To: [log in to unmask]
> Subject: Re: [data-protection] Subject Access
>
> In a message dated 29/07/04 14:23:09 GMT Daylight Time,
> [log in to unmask] writes:
>
>
> > 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.
> >
>
> ----------
> When was this amendment passed? Can you please give a reference, such as
> an
> SI number? Presumably the ICO will change the "personal data" advice from
> the
> FoI stuff recently published which says: "It is also worth remembering,
> particularly in the case of unstructured information, which may be hard to
> locate,
> that public authorities need not respond unless they are given any
> information
> which they reasonably need to find the information requested." At present
> it
> says nothing about the 'description' element for non-personal data.
>
> So presumably the absolute exemption for personal data now has strings
> attached?
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
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