Now that the FOIA fees regs have been laid before Parliament - anyone any
idea what we do about 'unstructured' personal data post 01/01/05?
Reg 3 (the appropriate limit) "(1) This regulation has effect to prescribe
the appropriate limit referred to in section 9A(3) and (4) of the 1998
Act ..." then goes on to confirm FOIA fees of £600 for central government
and £450 for other public authorities.
Reg 4 (estimating the cost of complying with a request - general) "...a
relevant request is any request to the extent that it is a request (a) for
unstructured personal data within the meaning of section 9A(1) of the 1998
Act and to which section 7(1) of that Act would, apart from the appropriate
limit, to any extent apply..."
Does this mean that Durant is definately no longer applicable to the public
sector? Must we estimate total cost of complying with a request for
unstructured personal data? And either respond (under the limit) or choose
to refuse unless full cost paid (over the limit)? Can we charge
disbursements for responding (under the limit)? Is that as well as or
instead of £10 SAR fee?
Has anyone seen any guidance from either DCA or ICO on this one? My search
attempts this AM brought up nothing. Am I the only one totally confused?
Kirsty E Gray
Access to Information Advisor
Commission for Social Care Inspection
Note: comments for discussion and debate only and do not necessarily
reflect the corporate position of CSCI nor constitute legal advice.
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