Bear of very little brain today, I'm afraid. Must be the pleasant weather.
Does the section you have quoted mean that a private company, my own, for
example, may charge £10 for the SAR and extra money for making copies? We
are not subject to FoIA.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 04 July 2006 11:23
To: [log in to unmask]
Subject: Re: [data-protection] Cost of photocopying
FOI Sections 68 onwards extend the definition of personal data. Section 69
is the bit being referred to here. Of course, the extension does not apply
to the private sector.
I'm not sure that this makes things more bearable. The private sector can
use the Durant judgement, sometimes to unlikely and extreme conclusions, to
withhold personal information. Section 68 etc increase the burden of
complexity for the public sector, and allows the applicant to request any
unstructured personal data. Effectively, you can make two requests to the
public authority - standard subject access, and an additional request for
unstructured personal data subject to the FOI charging regime. The fact that
charging can be burdensome and complicated means that some PAs don't bother
to get into the distinction - they charge the £10 and give everything. So it
could mean more work, and poses a genuine question about whether it's worth
spending the time trying to charge for it.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
-----Original Message-----
From: Tim Trent [mailto:[log in to unmask]]
Sent: Tue 04 July 2006 11:05
To: [log in to unmask]
Subject: Re: [data-protection] Cost of photocopying
Lucy, can you give a source for that information, please? I was always
under the impression that it as £10 and £0 only. Your information makes the
burden on an organisation bearable, I'm just struggling to locate it.
-----Original Message-----
From: FINCHAM LUCY [mailto:[log in to unmask]]
Sent: 04 July 2006 11:03
To: Tim Trent
Subject: Re: [data-protection] Cost of photocopying
Unless it is unstructured personal data held in manual form, in which case
the same fee structure as for FOIA can be used (which includes charging for
disbursements, if you so wish). Also if this unstructured manual data is
Personnel related, it can be exempt if you want.
Regards
Lucy
Date sent: Tue, 4 Jul 2006 10:50:33 +0100
Send reply to: Tim Trent <[log in to unmask]>
From: Tim Trent <[log in to unmask]>
Organization: Marketing Improvement
Subject: Re: [data-protection] Cost of photocopying
To: [log in to unmask]
> I fear you have £10 and that is your lot.
>
> This is why a malicious campaign of SARs can have a serious impact on
> the bottom line of any organisation.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
> Sent: 04 July 2006 09:10
> To: [log in to unmask]
> Subject: [data-protection] Cost of photocopying
>
> An old chestnut, but can someone remind me whether we can charge per
> sheet for photocopying for a DP Subject Access Request. I seem to
> remember that that the time taken cannot be be charged for, unlike FOI.
>
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