Paul Ticher on 14 December 2004 at 12:40 said:- > They reply: Sorry, we can't > comply fully with > this Subject Access request for less than £450, so pay up or > get nothing. It sounds as though they do not consider the DPA 1998 £10 maximum SAR fees to be proper recompense for allowing you to assist them by checking if the data they hold about you is accurate. I hope you have advised them appropriately. Ian W > -----Original Message----- > From: This list is for those interested in Data Protection > issues [mailto:[log in to unmask]] On Behalf Of > Paul Ticher > Sent: 14 December 2004 12:40 > To: [log in to unmask] > Subject: Re: Unstructured personal data > > > This interesting reply has caused me to think (and probably not very > clearly, at that). > > Scenario: I apply for Subject Access to a local authority > because I want to > check that a particular set of computerised records about me > is accurate. I > am prepared to pay the £10 fee, and I am not interested in > anything else. > However, it happens that the local authority also has a large > amount of > unstructured data about me. They reply: Sorry, we can't > comply fully with > this Subject Access request for less than £450, so pay up or > get nothing. > > That can't be right, so does it mean that, despite the FoIA > amending the > DPA, a DPA Subject Access request to a statutory body now has > to be split in > two: categories (a) to (d) for £10 regardless and category > (e) within the > £10 if it costs less than £450, otherwise subject to a > separate, possibly > substantial, fee? > > Paul Ticher > 0116 273 8191 > 22 Stoughton Drive North, Leicester LE5 5UB > > I hereby require any recipient of this message not to use my > personal data > for direct marketing purposes. > > > ----- Original Message ----- > From: "Lynne Skipsey" <[log in to unmask]> > To: <[log in to unmask]> > Sent: Monday, December 13, 2004 1:21 PM > Subject: Re: Unstructured personal data > > > > Just adding to Paul's explanation - my understanding is > that any personal > information falling into the additional 5th category (all > other recorded > info held by a public body) is covered by the new Fee > Regulations for FOI & > DPA (see attached). This means that public bodies receiving a > subject access > request from now on, will have to estimate whether the > personal data held in > unstructured manual systems/storage would cost more or less > than £450 to > provide and then proceed as follows: > > a) if it would cost less than £450 the public body has the > right to charge > additional costs to cover disbursements such as photocopying > and postage in > order to provide this information. > > b) if the volume of relevant personal data in unstructured > filing systems > would cost more than £450, (take more than 2 1/2 days) we > could refuse to > process this part of the request but it would be better if we > either i) > provided a limited amount within the £450 threshold or > ii)charged full costs > for dealing with the request for personal data held in > unstructured manual > systems. > > > > Kind regards > > > > Lynne Skipsey > > Information Manager > > Registry - Corporate Services > > NHSU > > Tel 07775 508113 > > > > > > -----Original Message----- > > From: This list is for those interested in Data Protection issues > [mailto:[log in to unmask]] On Behalf Of Paul Ticher > > Sent: 13 December 2004 13:04 > > To: [log in to unmask] > > Subject: Re: [data-protection] Unstructured personal data > > > > > > No doubt others will correct me if I'm wrong, but I read it > that s.68 of > the Freedom of Information Act amends s.1(1)of the Data > Protection Act to > add a new fifth category of data: "recorded information held > by a public > authority [which] does not fall within any of paragraphs (a) > to (d)". In > effect, therefore, *all* recorded information held by a > public authority is > "data". If such data is also personal, it is therefore > personal data and > access would be available under the Data Protection Act, for > a fee of up to > £10, within 40 days and with the Data Protection Act > restrictions - access > would only be granted to the Data Subject and third party > confidentiality > would be protected, for example. > > > > If it is not personal - i.e, post-Durant, not *about* an > identifiable > living individual - it would not be personal data and > therefore access would > not be available under the Data Protection Act, but under the > Freedom of > Information Act, for free and with shorter time limits > provided the cost was > within the limits. > > > > Just thinking about how you would handle a collection which > contains a > mixture of personal and non-personal data makes me glad not > to be a public > authority DPO. > > > > Paul Ticher > > 0116 273 8191 > > 22 Stoughton Drive North, Leicester LE5 5UB > > > > I hereby require any recipient of this message not to use > my personal data > for direct marketing purposes. > > > > > > ----- Original Message ----- > > From: "Kirsty Gray" <[log in to unmask]> > > To: <[log in to unmask]> > > Sent: Monday, December 13, 2004 12:19 PM > > Subject: Unstructured personal data > > > > > > 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. > > > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ > > 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 > > Any queries about sending or receiving message please send > to the list > owner > > [log in to unmask] > > (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 > > Any queries about sending or receiving message please send > to the list > owner > > [log in to unmask] > > (all commands go to [log in to unmask] not the list please) > > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ > > > > > > *** This e-mail and any attachments are confidential and > are intended only > for the addressee(s). 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