Since the criterion is "Other data in the possession of (etc) the data controller" for such things to be personal data, and since you do not have that data, I would argue that these letters are not personal data under the DPA.

Under those circumstances I think your legal obligations are discharged. I am not a lawyer though.

So it seems to me that you are looking at your moral and other obligations. Those are almost impossible to determine. WHom are you seeking to protect from what, and with what motivation? (rhetorical question) 

Was there a duty of confidentiality to the assumed anonymous informant? How far does that duty run?

On 14 Sep 2010, at 10:48, Brenda Scourfield wrote:

What is the list's view of disclosure of anonymous letters in a SAR ? Or do you not disclose them at all ?

I am worried that the writer maybe recognised by a) the tone and way of writing or (b) comments such as 'a mutual friend and I noticed.....'.  Whilst I can redact these sort of comments, could the overall 'way of writing' identify them ?

This is a benefit fraud case so tensions could be high if they were identified.

Tim Trent - Consultant
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