I would intend giving her the bits about the individual contained within the report/investigation under FOISA but refuse the whole report re. other people under S38 personal information (sorry that's FOISA exemption!)  Her personnel file I will photocopy and that will be given under DP (I have received £10).  So really, the whole thing could have been treated as DP as information relating to third parties would not have been disclosed under DP and likewise under FOISA...
Madness.......or what..........
Doreen
 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Bownes David (CEX)
Sent: 28 November 2006 11:47
To: [log in to unmask]
Subject: Re: DP/FOI

I struggle a bit with this one as almost every Subject Access Request (SAR) will have FOI implications - consider for a moment SAR's for "Social Services" files.
 
The construction of the FOI regime South of the border is that all requests are treated as being made under it in the first place.  An exemption then applies for SAR's.  For "pure" SAR's we should do a refusal notice under FOI and give the applicant the information under DPA.  No one does that, of course!
 
David Bownes
Data Protection and Security Officer, Sheffield City Council, Chief Executive's Directorate, Corporate Resources, PO Box 1283, Sheffield S1 1UJ.  Tel: 0114 2736891 FAX: 0114 2735576
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 28 November 2006 11:26
To: [log in to unmask]
Subject: [data-protection] DP/FOI

Hi All
 
I received a request from ex-employee for information about investigation/report under FOISA and contained in the letter was a request under Data protection for all information on the individual.  Initially I just treated it as DP but the investigation/report contained information on other people (which would probably be exempt under FOISA) anyway.  Would you treat them as separate?  The reason I had to look at it again was that I received an e-mail from the individual asking for an acknowledgement of the request under FOISA.
 
Thanks,
 
Doreen
Doreen Broom
Access to Information Officer
Corporate Resources
Tel: 01835 826516
Fax No: 01835 825059


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