How can information concerning Mr Bloggs' company be classed as personal
information? Personal information surely only relates to a living person.
Whilst a limited company is a legal person it most certainly is not living.
Graham Lewis
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]
Sent: Monday, 23 May 2005 11:05
To: [log in to unmask]
Subject: Re: [data-protection] Sole Traders
The request from Mrs Bloggs should only yield information about herself and
general details of the property. DPA will cover her personal data and her
involvement in the property. The details of Mr Bloggs - and his company -
are
personal data about him, not her.
Also, if the property address identifies an individual and contains personal
data about either person (or both people) it can be personal data too. As
an
example, if the property was a rented property with only Mr Bloggs' name on
the rent book, and the record shows the rent is in arrears, this is personal
data and should not be revealed. If the liability is joint, the disclosure
is
probably okay although it may be prudent to seek Mr Bloggs' consent if he is
a
third party named on the record.
Sole traders are solely liable for any debts, outgoings, etc and so the data
is definitely personal covered by DPA and will easily pass the Durant test.
FOIA would be used for general details of the property (eg falls into Band D
for CT, has three bedrooms, etc). Remember also that under licencing laws
(Town Police Clauses Act 1847 and Miscellaneous Provisions Act 1976) certain
details of taxi firms and drivers have to be made available for public
inspection.
Mrs Bloggs should be pointed in the right direction.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
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--------
In a message dated 23/05/05 09:29:36 GMT Daylight Time,
[log in to unmask] writes:
> Joe Bloggs is a sole trader and runs BloggCar Taxis with his wife. His
> wife has made a SAR/FOIA request for info on Joe Bloggs, Mrs Bloggs,
> BloggCar Taxis or their address 22, High Street.
>
> I understand this to represent the following
>
> Mrs Bloggs DP
> Joe Bloggs DP
>
> 22, High Street FOIA
>
> However, with BloggCar Taxis, as Joe Bloggs is a sole trader, does the
> company come under DP or exempt from DP as a business, or under FOIA ?
>
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