Interesting!
I have a differing view on the fees question. FOI only changes where people
can get information from, not the type of information it is therefore I
would still put a request for personal information from an unstructured file
under the DP fees, i.e. up to £10.
Also, if FOI is being done properly you should have an effective edrms
system in place. If this is in place then sufficient mettatagging would
have been done. If this is done correctly and in enough detail then
information by name or whatever should be easily found. Then, as the
information is searchable, it is now in a relevant filing system anyway.
Email systems are searchable and therefore in my mind fall under a relevant
filing system.
http://www.informationcommissioner.gov.uk/cms/DocumentUploads/Subject%20Acce
ss%20to%20Personal%20Data%20Contained%20in%20E-mails.pdf gives advice on
emails and what sort of information you may need to help you find the
person's data. Under DP we are allowed to ask for information to help us
find what is wanted.
Request for information.
8. - (1) In this Act any reference to a "request for information" is a
reference to such a request which-
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.
To me if someone says I would like the information on Waste Management in
Wiltshire County Council that would be considered a description. I think
the description relates to what they want not where it is held, what colour
paper it is on etc, it is not the public's fault if we don't know what we
hold or where it is.
Don't forget "It shall be the duty of a public authority to provide advice
and assistance, so far as it would be reasonable to expect the authority to
do so, to persons who propose to make, or have made, requests for
information to it."
Jenny Grodzicka
Information Officer
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Smith, Tony
Sent: 29 July 2004 14:49
To: [log in to unmask]
Subject: Re: [data-protection] Subject Access
But I don't think it says what a "description" is. If I ask for all e-mails
concerning me, would the fact that I had said "e-mails" constitute a
description.
Tony
-----Original Message-----
From: Tim Turner [mailto:[log in to unmask]]
Sent: 29 July 2004 14:19
To: [log in to unmask]
Subject: Re: Subject Access
I may just be playing Devil's Advocate here, but I don't think FOI sweeps
all unstructured data back into subject access unless you want it to. 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.
I think that if people want to see what's in ordered, coherent files, they
should be able to do so via subject access. However, if they want
unstructured data (i.e. every last beermat and post-it note) they should
describe what they want and be subject to the slightly more rigorous FOI
charging procedure. I perceive the amendment as creating a separate strand
of access, not just bulking up subject access. I may be horribly wrong, and
I haven't tested it, but it seems too easy to say that FOI amendment has
such a seamless effect, because it seems to be slightly more subtle than
that.
Tim Turner
Data Protection Officer
Wigan Council
> ----------
> From: Grodzicka, Jenny[SMTP:[log in to unmask]]
> Reply To: Grodzicka, Jenny
> Sent: 29 July 2004 13:26
> To: [log in to unmask]
> Subject: Re: [data-protection] Subject Access
>
> http://www.actnow.org.uk/DPCaselawUpdate.pdf
>
> There has been advice that we should be very careful about the Durant
> ruling
> and how we should apply it. The above link can help and also reminds us
> about the changes (for us in the public sector) that FOI will bring -
> which
> basically means the Durant ruling would only apply to the private sector.
>
> Another quote in relation to the Durant ruling I have found which may
> interest people is:
>
> "The European commission has suggested that the United Kingdom's approach
> to
> data protection law is not in line with The European Data Protection
> Directive 15.07.04 Masons" http://www.legalday.co.uk/current/data.htm
>
> Another interesting link;
> http://www.out-law.com/php/page.php?page_id=europeancommission1089896924
>
> Jenny Grodzicka
> Information Officer
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Thomson, Christine
> Sent: 29 July 2004 12:33
> To: [log in to unmask]
> Subject: [data-protection] Subject Access
>
> Two things spring immediately to mind. Does the legislation which covers
> anonymity for 'whistle blowers' come into play and secondly how is the
> data
> held. If it is in a file is it a relevant filing system as accepted post
> Durrant. It may not have to be disclosed anyway
>
> Christine Thomson
>
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