Right. Now bear with me. I am a natural blond, albeit now going blond for the second time! Obviously I need people to speak very s l o w l y and use short words :) There is a serious point to this, of course, since many people are *very* part time in this field, and they must be screaming "arrrrrrrrrrrrrghhhhhhhhhhhhhhhhhhhhhhhhhhhh, no!" at this point We have a very charming gentleman known as the UKIC with lots of lovely people in a pleasant office in Wilmslow. Wisely he does not place the DPA1998 on his site. He simply links to it. But he offers advice on interpretation. Either on his site, or anywhere else "obvious", is "the DPA 1998 as modified by other legislation" available, or does one simply have to realise suddenly that the "Import of Sea Fish From Switzerland's Coastline Act 2005" has modified the DPA 1998 and to do this by having an inexplicably deep interest and sudden in Swiss Sea Fisheries? -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bownes David (CEX) Sent: 25 February 2005 11:47 To: [log in to unmask] Subject: Re: [data-protection] Identity of a data subject or requirement f or further information to locate requested information Ahh, I see the confusion. All you need to look at is the Data Protection Act, not FOI. In this particular case, the FOI Act simply changed the DP Act. In fact, the change has nothing whatever to do with FOI; the FOI Act was simply someone's idea of a convenient legislative opportunity. So, the new Section 7(3) sits wholly within the DPA, no matter what its source. There is no conflict between the old 7(3) and the new one - the new one is it, the old one has gone. Another message - if you are looking at law always make sure it is up to date - there are sometimes a frightening number of changes made. Also, as this is a change to Data Protection law, it affects everyone subject to it, public, private or whatever. I'm not a lawyer either. A misspent few years is my excuse! David Bownes Data Protection and Security Officer, Sheffield City Council, Chief Executive's Directorate, Corporate Finance, PO Box 1283, Sheffield S1 1UJ. 0114 2736891 -----Original Message----- From: Tim Trent [mailto:[log in to unmask]] Sent: 25 February 2005 11:40 To: [log in to unmask] Subject: Re: [data-protection] Identity of a data subject or requirement f or further information to locate requested information Now I am about to display radiant ignorance. But that's ok, because others will want to display the same stuff and are too shy :). I am also not a lawyer. Or in net speak "IANAL" (and yes I suppose I could be accused of being part of that acronym! Do we start by looking at FOI and DP and seeing which law the request was made under? Or do we start by saying "I am a private corporation and I perceive that FOI does not apply to me"? Assuming FOI to be 100% relevant here, if the request was made under DP, is the FOI section binding or the DP section? If unsure, does one opt for the widest (to be on the safe side) or the narrowest (sucks to you!) of the two apparently conflicting paragraphs? -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bownes David (CEX) Sent: 25 February 2005 11:26 To: [log in to unmask] Subject: Re: [data-protection] Identity of a data subject or requirement f or further information to locate requested information Sure can, Tim. There are a great many other examples of exactly this. The formal process involved is the legislative regime itself. This particular amendment is contained in primary legislation (the FOI Act) - all the authority needed. What is interesting is that like many such amendments, nobody actually publicises it. David Bownes Data Protection and Security Officer, Sheffield City Council, Chief Executive's Directorate, Corporate Finance, PO Box 1283, Sheffield S1 1UJ. 0114 2736891 -----Original Message----- From: Tim Trent [mailto:[log in to unmask]] Sent: 25 February 2005 11:29 To: [log in to unmask] Subject: Re: [data-protection] Identity of a data subject or requirement for further information to locate requested information Can a section of one act "jus replace" a section of another? I was under the impression that a formal process had to take place to state this. -----Original Message----- From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bownes David (CEX) Sent: 25 February 2005 11:18 To: [log in to unmask] Subject: [data-protection] Identity of a data subject or requirement for further information to locate requested information A data controller needs to confirm the identity of someone making an SAR under Section 7 of the DPA 98. The data controller may need further information to locate what is being asked for. Section 7(3) of the Act provides that the data controller need not comply with an SAR until identity is established or further information is provided. How many of you knew that Section 7(3) was completely replaced by Paragraph 1 of Schedule 6 to the Freedom of Information Act 2000? The new Section 7(3) places a positive duty on data controllers to inform the data subject of the need for further identity or "location" information. The duty to comply with the SAR is not removed until the duty to inform is discharged. Just a little Friday snippet. David Bownes Data Protection and Security Officer, Sheffield City Council, Chief Executive's Directorate, Corporate Finance, PO Box 1283, Sheffield S1 1UJ. 0114 2736891 The information in this email is intended for the addressee(s) only. If you are not the addressee, please tell us by using the reply facility in your email software as soon as possible. Sheffield City Council cannot accept any responsibility for the accuracy or completeness of this message as it has been transmitted over a public network. If you suspect that the message may have been intercepted or amended please tell us as soon as possible. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ The information in this email is intended for the addressee(s) only. If you are not the addressee, please tell us by using the reply facility in your email software as soon as possible. Sheffield City Council cannot accept any responsibility for the accuracy or completeness of this message as it has been transmitted over a public network. If you suspect that the message may have been intercepted or amended please tell us as soon as possible. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ The information in this email is intended for the addressee(s) only. If you are not the addressee, please tell us by using the reply facility in your email software as soon as possible. Sheffield City Council cannot accept any responsibility for the accuracy or completeness of this message as it has been transmitted over a public network. If you suspect that the message may have been intercepted or amended please tell us as soon as possible. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 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) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^