----- Original Message -----
From: "Kevin Broadfoot" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, June 26, 2006 7:21 PM
Subject: Re: [data-protection] Anonymity when making FOI requests of your
own organisation
On Fri, 23 Jun 2006 11:22:25 +0100, Tony Bowden <[log in to unmask]> wrote:
>I came across an interesting comment on this in the House of Lords
>debate when the Act was being considered:
>
>Lord Bach: My Lords, the Internet age has dawned. The Freedom of
>Information Bill makes provision for an application to be purpose
>blind. It requires that an applicant must apply in writing, which
>includes any electronic application, and provide an address. These
>are commonsense provisions which are necessary to ensure that a public
>authority can carry out its statutory duty to communicate information
>to that applicant. The Bill assumes that an applicant will wish to give
>his real name, but nothing requires him or her to do so or to use any
>particular name. He can call himself Father Christmas, or even Ralph
>Lucas, if he desires. In any event, the name is not relevant, as long
>as the information provided is sufficient to identify the applicant
>for the purpose of communicating information.
>
The Noble Lord is entitled to his view but despite his learned credentials
he may not be entirely correct.
FOIA 2000 states a request for information is one which "states THE name
of the applicant" rather than ANY or A name on the application. It
would be difficult to argue that Father Christmas was THE applicant unless
he actually was!
Also, such an application if it was refused and went up to the
Commissioner for a decision runs the risk of being declared 'frivolous'
(s50 FOIA 2000).
Nick's reply:
Besides the other considerations, others have written here of people who do
have unusual names - should they be penalised because of this. Also, of
course, people can use a variety of "sensible" pseudonyms which wouldn't
draw attention. Should people be penalised because of a lack of imagination
in their choice of pseudonym?
Nick Landau
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