This is one where I would call the UKIC's enquiry line and use their advice
to back up your comments to the requesting manager. Ask the UKIC also by
email for a written note of advice, but be aware that this takes up to about
4 weeks to arrive
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Hawley, Graeme
Sent: 14 June 2006 11:14
To: [log in to unmask]
Subject: Re: [data-protection] Anonymity when making FOI requests of your
own organisation
Sorry to reopen this issue again, but a member of the senior management at
my institution has now asked, in writing, for the names of those people
making FOI requests. I appreciate that this is FOISA, but it does seem to
collide with DPA. If I am to release the names to senior management on the
strength of their written request, then I am to release them to all, in
theory, one could argue (although this depends on whether I interpret the
request as a FOISA request. I interpret all written requests for corporate
information as FOISA requests.) I cant release the names of requesters only
to one group, in the same way that I cannot pick and chose who I respond to
with any FOISA request.
Which brings me back to my original problem. If I am going to refuse to
disclose the information, then the personal data exemption will need to
apply. Can I say that another member of staff cannot have access to
personal data if they do not need to have access? I know that Human
Resources staff do not give out the personal data to members of staff (for
example, if someone wants to send a get well card to a member of staff, they
hand it in to HR and they forward it on).
Is this situation any different?
Once again, I am seeking help here because the FOISA legislation has nothing
to say on the issue.
Cheers
Graeme
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graeme Hawley
Sent: 30 May 2006 10:56
To: [log in to unmask]
Subject: [data-protection] Anonymity when making FOI requests of your own
organisation
Hi,
What is the score when an employee makes an FOI request of their own
organisation? I am the FOI officer at our organisation, and have received a
request for info from a member of staff. They have supplied their name and
email address. I am pretty sure that in gathering the information for this,
senior management will ask who this has come from.
There isn't usually a problem when it is external, and I can say something
like "a jounalist from the Telegraph", but it will be clear from the nature
of the question that this has come from inside. Despite being the FOI
officer, a request made for information isn't made personally to me, but
rather to the organisation. I am just the guy that handles them. However,
in order to satisfy the request, there is no need for anyone else to know
the identity of the applicant. On the other hand, the organisation itself
has received this request, so who am I to say who else in the organisation
should or shouldn't know? I feel that if the management knew the identity
of the applicant it may cause awkwardness for them (damage and distress).
Does anyone have any suggestions. In order to withhold the member of
staff's name I think I need some sort of refernece from the DPA. FOISA
doesn't say anything about this.
Cheers
Graeme
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