It doesn't make sense that because I already know the information it should be disclosed to me. For example, I know my colleagues home address, but I wouldn't expect it to be released to me by Personnel if I made the request just because I already know it.
I broadly agree with
Maurice here.
Obviously I don’t know
enough about the case to make a reasoned judgment on whether the 3rd
party references should be redacted, but it would seem that you have potential
here for a ridiculous situation where information which is already known about
is supposedly being withheld – just like the famous footballer whose name the
press couldn’t mention, yet the dogs on the street knew who he
was!
Ciaran
Ward -
Information Officer
Direct: 01992 709819
Myddelton House, Bulls
Cross,
Tel: 01992 717711
Fax: 01992 709922
P
please
don't print this e-mail unless you really need
to
From: This list is for those interested
in Data Protection issues [mailto:
Sent: 02 June 2011 14:25
To:
Subject: Re: [data-protection] 3rd party
data known to SAR applicant
Several posts have suggested that the 3P data is not the
applicant's personal data, but I'm not sure why that's necessarily so. Its
perfectly possible for particular information to simultaneously be the personal
data of (a) the data subject and (b) a third party, as is invariably the case
where the information relates to a dispute between the two. Sections 7(4)
to 7(6) of the DPA expressly recognise this. The test is whether the third party
consents to disclose or if not whether disclosure without consent is reasonable
in the circumstances. Where the information is clearly known to the DS already
(eg it describes both halves of a conversation between the two) it may obviously
be reasonable to disclose as the DS always has an interest in ensuring
that such information, though known to him, has been accurately
recorded.
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