Some of the decisions on the Scottish Information Commissioner's appeals
web site refer to Mr H etc rather than the full name [see URL
http://www.itspublicknowledge.info/appealsdecisions/decisions/Documents/
decision6097.htm] so presumably the individual making the appeal can ask
for anomymity - though he/she has to provide his/her full name to the
SIC.
David.
David Fildes
Head of Data Protection & Freedom of Information Office, University of
Glasgow, Glasgow, G12 8QQ
tel: 0141 330 5146
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: 14 June 2006 16:44
To: [log in to unmask]
Subject: Re: [data-protection] Anonymity when making FOI requests of
your own organisation
But then he doesn't comply with his own Act. The Scottish Information
Commissioner publishes names - perhaps he issues a fair processing
notice to the applicant.
D
-----Original Message-----
From: J.S.M.Whitaker [mailto:[log in to unmask]]
Sent: 14 June 2006 14:38
To: Broom, Doreen; [log in to unmask]
Subject: RE: [data-protection] Anonymity when making FOI requests of
your own organisation
I don't think that the UK Commissioner discloses the requestor's
identity in his published decisions. The Information Tribunal does. I
guess that is because it is a body analogous to a court and secrecy is
not normally allowed.
Regards
Jim
**************************************************
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Broom, Doreen
Sent: Wednesday, June 14, 2006 1:44 PM
To: [log in to unmask]
Subject: Re: [data-protection] Anonymity when making FOI requests of
your own organisation
Although ultimately, they could end up in the public domain if they go
to the Commissioner's Office.
D
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 14 June 2006 11:49
To: [log in to unmask]
Subject: Re: Anonymity when making FOI requests of your own organisation
Why do they want the information? You can provide an analysis of the
types of the requesters.
I did a report (not Scotland) of the FoI where I was working after 6
months.
I just categorised those by group eg charity, private sector, private
individuals.
Under the Freedom of Information Act (and if the request came from
outside the organisation) it might be argued that the information could
only be supplied if the individual didn't mind.
You want to post this to the Freedom of Information Group.
Nick Landau
----- Original Message -----
From: "Hawley, Graeme" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, June 14, 2006 11:14 AM
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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