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For "data subject" read "the person to whom the data relates in a
biographical or focus type way"



-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 14 January 2004 13:43
To: [log in to unmask]
Subject: Re: [data-protection] SAR


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I had an instance where I had to obtain medical reports from third parties
whom we had to trace to ask for their consent to disclosing i.e. that it
would not cause harm/distress to the person making the request.  Ayway, I
wrote to the "data subject" (oops shouldn't use those words now - plain
english!!!) and explained the reason for the delay.  The individual was
perfectly happy with my explanation and I think as long as you keep people
informed there should be no probs.  In your case you were the one who had to
chase up again...complain to the OIC or write again to the company for the
further information you think is missing and if this gets you nowhere, make
a formal complaint to the OIC who should take the matter up on your behalf.
Doreen

Doreen Broom
Access to Information Officer
Scottish Borders Council
Tel: 01835 826516


        -----Original Message-----
        From:   Ben Cawley [SMTP:[log in to unmask]]
        Sent:   14 January 2004 13:21
        To:     [log in to unmask]
        Subject:        SAR

        ***** THIS EMAIL WAS RECEIVED FROM THE INTERNET *****

        Hi,

        Just wondered what your opinions of a recent subject access request
I
        sent to an ex-employer of mine.  First a bit of background, this is
an
        American IT company providing the IT infrastructure and support to a
        major British military company. Anyhow, I worked for them for six
months
        and as I am now doing a PhD that is looking into SAR/IAR I decided
to
        send a SAR to see what the response was as a kind of case study.
Anyhow,
        I was very surprised after paying my fees and proving proof of
identity,
        that the forty day limit came and went.  I made a few phone calls to
the
        head office and after speaking to the data protection officers there
        (who where very nice and helpful) told me that they had sent the
request
        to the wrong person and that was the reason for the delay but that
they
        hoped to have something ready to send by the end of the week.  In
fact,
        it took them 83 days to respond to my request, and when I did
eventually
        receive something it was missing a lot of information that I think
        (though I am not 100% certain of this) they keep on there records
        system.

        I was just wondering if anyone else has any opinion on this, and if
you
        can advise me on how your company deals with SAR/IAR to ensure you
        comply with the DPA/FOI?

        Thanks in advance.

        Ben

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       All archives of messages are stored permanently and are
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^