While it is perfectly reasonable for member Relations to do precisely that,
there is no scope for "handling this outside the act", because the act
tends not to allow that kind of thing.
It really depends on how you are interpreting the SAR. If they have sent
their fee or couched it in DPA 1998 terms, then you very much need to handle
it in accordance with the act. But it could be argued that a pleasant
approach from member relations may defuse any potential complaint.
A practical suggestion is to work WITH Member Relations in order to ensure
that your existing policies and procedures are followed. I am kind of
assuming you have a procedure for SAR handling
Tim Trent - Consultant
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Hodgetts, Jonathan
Sent: 12 July 2005 11:49
To: [log in to unmask]
Subject: [data-protection] Handling a SAR outside the Act
Sensitivity: Confidential
My company has received our first ever formal subject access request under
the Data Protection Act (aren't we lucky!). We are a membership
organisation, and the SAR is from one of our members. I want to handle this
myself fully in line with the Act, but one of our directors wishes me to
hand this over to our Member Relations department, to contact the member to
find out the reason for the SAR and handle outside the Act.
I am rather uneasy with this approach and would be grateful for views from
those on this discussion group more familiar with the handling of SARs.
Thank you.
Jonathan Hodgetts
MCPS-PRS Alliance
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