I thought any notices served would be on the public authority in this
case, so why would the identity be "debatable"?
-----Original Message-----
From: Donald Henderson [mailto:[log in to unmask]]
Sent: 28 June 2006 09:30
To: [log in to unmask]
Subject: Re: [data-protection] Anonymity when making FOI requests of
your own organisation
The Scottish Commissioner's issue with pseudonyms follows solely from
the problem with of a court being unable to enforce a notice where the
identity of the person on whom the notice was served is debatable. As a
consequence, the Commissioner has indicated that he is unable to
consider appeals where the request was made with a pseudonym.
My understanding, and this authority's practice, is that we can still
accept requests made under a pseudonym. We point out, however, that
problems with our response can't be appealed to the Commissioner.
Donald Henderson
Information Compliance Manager
Perth & Kinross Council
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Kevin Broadfoot
Sent: 27 June 2006 14:41
To: [log in to unmask]
Subject: Re: [data-protection] Anonymity when making FOI requests of
your own organisation
And many years ago I worked with a Mr M Mouse - (sadly though his
firstname was Malcolm not Mickey!. I've also met a lawyer (now a judge
at the International Criminal Tribunal for Rwanda) who goes by the name
Winston Churchill, so I do take your point.
Since we started this thread I've discovered that the Scottish
Commissioner had to change earlier advice from suggesting that
pseudonyms were acceptable to stating that they could invalidate a
request after
receiving advice on the matter.
Clearly in the context of FOI requests where there is doubt about the
applicant's name then the s16 obligations take on an increased
importance.
rgds,
Kevin Broadfoot
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