I think "obstructive" is a subjective word. I'd substitute another, equally
subjective one: "practical". If we search in properly structured files for
information which really concerns a person, and not for every passing
reference to them, we can do an efficient trawl and deliver the results well
within the 40 day deadline. Managing the expectations of a requester isn't
necessarily "obstructive", any more than giving in to unreasonable requests
is "open and responsive". Admittedly, FOI opens up more data to the
applicant. However, unstructured data is available under FOI's charging
arrangements and is subject to a description of the data being provided, so
I see that as a separate search, rather than a component of subject access.
The applicant who arrives with no more than £10 and a demand for
"everything" shouldn't automatically be given "everything". To be reluctant
to go along with that isn't being obstructive, it's being practical.
Tim Turner
Data Protection Officer
Wigan Council
> ----------
> From: Edwina Withe[SMTP:[log in to unmask]]
> Reply To: Edwina Withe
> Sent: 19 May 2004 14:38
> To: [log in to unmask]
> Subject: Re: [data-protection] UK's Data Protection Act Might Not
> Meet European Union Standa rds
>
> Just because the Durant ruling is obstructive it doesnt impose any
> obligation on you to be obstructive with regard to providing info.
> Surely it would be better to be open and responsive when dealing with
> SARs instead of withholding information just because you can?
>
> >>> Tim Trent <[log in to unmask]> 19/05/2004 13:42:12
> >>>
> If we follow that track, it was, I think, in the early or mid 1990s
> that the
> Metropolitan Police Commissioner said that "police could no longer
> prevent
> crime, they could only attend it."
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Hubert, Paul
> [STU]
> Sent: Wednesday, May 19, 2004 12:03 PM
> To: [log in to unmask]
> Subject: Re: [data-protection] UK's Data Protection Act Might Not Meet
> European Union Standa rds
>
> >Lack of enforcement means the law is bad law. It should either be
> >repealed
> or enforced.
>
> I think your view is too abstract, Tim. There are many areas of
> society
> where the enforcers of laws and statutory systems of regulation
> exercise
> discretion in a somewhat arbitrary way whether to pursue cases or not.
> The
> police don't pursue every burglary reported, and the HSE don't pursue
> every
> breach of health and safety. If every breach of any law led to a
> prosecution
> the whole of society would be constantly in and out of the courts one
> way
> and another. The problem is where there is so much discretion
> arbitrarily
> exercised that it becomes impossible for anyone to know where they
> stand
> because similar cases get treated in wildly different ways.
>
> Paul
>
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