And you 'allude' to something rather than 'elude'. Better still, "I have
not
provided the case name for obvious data protection reasons."
Best wishes
Andrew
--On 14 November 2006 10:57 +0000 Simon Howarth
<[log in to unmask]> wrote:
> Wording could be improved to make it scan better, but the overall content
> is OK. I think requesting this confirmation is a wise move, if the
> request is in any way questioned.
>
> My only other comment is pedantic, and is to state that "datum is", but
> "data are".
>
> Simon.
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Nick Landau
> Sent: 13 November 2006 16:23
> To: [log in to unmask]
> Subject: Re: [data-protection] Incorrect use of the DPA 29(3)
>
> I don't know about the DPA, but the Clear English campaign might also be
> consulted (the letter-writer not you).
>
> Nick Landau
>
> ----- Original Message -----
> From: "Paul Dodgson" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Monday, November 13, 2006 4:01 PM
> Subject: [data-protection] Incorrect use of the DPA 29(3)
>
>
> Hi all,
>
> I detail below a letter which asks the recipient to state the powers
> they are exercising when making requests for information.
>
> I am looking for it to be shot down, or otherwise wounded! It actually
> relates, in part, to a very poor request from a housing benefit
> inspector who made application using the wrong sections of the relevant
> Act, and in any case was not certified!
>
> Any views very much appreciated
>
> Paul
>
> Dear XXX,
>
> I have from you a request for information (your ref xxxx). I have not
> eluded to the case name for obvious data protection reasons.
>
> The request is made under S29 (3) DPA 98.
>
> Section 29(3) provides that personal data is exempt from non-disclosure
> provisions if the disclosure is for purposes detailed in Section 29 (1).
> In this case I consider that to relate to Section 29 (1) a,b or c.
> [adjusted to suit]
>
> This is fine. What is not is the statutory powers you wish to rely on
> obliging us to release that information no longer protected from
> non-disclosure by virtue of that described above.
>
> I suggest you look at your letters in this regard. Clearly if any such
> investigation [specific to the issues I am dealing with, but could be
> amended to suit] ended in court and it came to the knowledge of the
> court that inappropriate powers were cited, this could have a negative
> impact insofar as your case is concerned.
>
> I have an obligation to ensure that personal data is protected, subject
> to the exemptions available in the Act and any enabling powers requiring
> that such data be released consequent upon Section 29 (1) DPA 98. I
> trust you understand that I cannot approve release of information on the
> basis of what I have received thus far.
>
> I strongly advise that you take advice from your Data Protection
> Officer.
>
>
> Yours etc
>
> _______________________________________________________________________
> Leicestershire County Council - rated a 'four-star' council by the Audit
> Commission
> _______________________________________________________________________
>
>
> This e-mail and any files transmitted with it are confidential. If you
> are not the intended recipient, any reading, printing, storage,
> disclosure, copying or any other action taken in respect of this e-mail
> is prohibited and may be unlawful. If you are not the intended
> recipient, please notify the sender immediately by using the reply
> function and then permanently delete what you have received.
>
> Incoming and outgoing e-mail messages are routinely monitored for
> compliance
>
> with Leicestershire County Council's policy on the use of electronic
> communications. The contents of e-mails may have to be disclosed to a
> request under the Data Protection Act 1998 and the Freedom of Information
> Act 2000.
>
> The views expressed by the author may not necessarily reflect the views
> or policies of the Leicestershire County Council.
>
> Attachments to e-mail messages may contain viruses that may damage your
> system. Whilst Leicestershire County Council has taken every reasonable
> precaution to minimise this risk, we cannot accept any liability for any
> damage which you sustain as a result of these factors. You are advised to
> carry out your own virus checks before opening any attachment.
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 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)
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Andrew Charlesworth
Senior Research Fellow in IT and Law
Director, Centre for IT and Law
School of Law/Department of Computer Science
University of Bristol
Wills Memorial Building
Queens Road, Bristol BS8 1RJ
Tel: 0117 954 5633 (CompSci)
Fax: 0117 954 5208 (CompSci)
E-mail: [log in to unmask]
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
