I would agree. The names and addresses on the petition would not seem to
me to be personal data of the requester and therefore outside the scope
of an SAR.
You still have to deal with the FOI implications, and the issue there is
essentially one of fairness. There you have a mild dilemma.
If the requester has kept a copy - disclosing would clearly not be
unfair and therefore probably not exempt. If he has no copy it may be
unfair (see below) and the safest course would be to not disclose. If he
protests on the basis that he has a copy he has shot himself in the foot
(FOI exempt as already reasonably accessible). If he protests on the
basis that not unfair you can review in the light of any representations
he makes - effectively you have to decide if he can satisfy a schedule 2
condition - consent or more likely Condition 6(1).
Consent may be relevant, particularly if he was the petition organiser.
Before making any decision if that is the case see if there is any
indication on the petition itself. If it e.g. refers to the organiser
keeping signatories up to date, you may be able to infer consent, and
disclosure to this applicant may not be unfair. This is one area where
FOI is not necessarily applicant blind as you are considering the
particular processing event under DPA.
Phillip Bradshaw
Information Manager
Clerk to the Council
Room 111, County Hall
EMail: [log in to unmask] <mailto:[log in to unmask]>
Phone: 029 2087 3346
Mobile : 07779 284684
Fax: 029 2087 3349
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From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Tim Trent
Sent: 07 December 2007 12:10
To: [log in to unmask]
Subject: Re: [data-protection] Disclose Petition
I think I would refer to the facts of the petition and state that, for
the reasons you have stated, the petition itself will not form a part of
the information given to him.
Brenda Scourfield wrote:
Someone who has made a SAR wrote to us in the past and attached
a petition.
I am copying his letter but wonder whether I shoud also enclose
a copy of
the petition and it's names and addresses. Whilst he sent it in,
should I
now send him a copy of all these third party names and
addresses. I think
perhaps not......
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