Sorry, but FOI is not applicant blind when considering whether to release personal data. The obvious (normally only) schedule 2 condition (condition 6) which applies requires the authority to consider whether the applicant has a "legitimate interest" in the data. That is exceptionally difficult to establish without considering who the applicant is and what their interest is. Similarly, the authority has to consider whether the disclosure is "necessary". Again, without knowing the requester's circumstances it is difficult to establish what other routes might be available to the requester to obtain the information.
 
Donald Henderson
Information Compliance Manager
Perth and Kinross Council


From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lawrence Serewicz
Sent: 27 October 2011 18:42
To: [log in to unmask]
Subject: Re: [data-protection] FOI with DP considerations

Chris,

Thanks for the reference to the case. The following issues come to mind immediately in considering the Cranston J approach.  First, the FOIA is applicant blind.  Are we going to be certain that the recipient does *not* have the algorithmic capacity to crack this data open?  The average person may not have this capacity, but that assumes that the average person is making the request.  I make this point without regard to the applicant in this case.

 

Second, the challenge from the O'Hara review is that large scale data sets or seemingly anonymous data can, with the proper tools and techniques can be used to identify people.  To some extent, this is the inverted image of this problem. O'Hara is looking at large data sets, while this is looking at small sample sizes.  I fear that Cranston J may have assumed that a small confers anonymity.  In some cases this may be true. However, I recall in this case, I believe a reporter was able to track down the physicians involved.

 

In the end, each case will be on its merits and I think the advice will stand for now. I think we will see a different approach in the coming years as the O'Hara review's suggestions interact with the impending revision to the Data Protection Act as required by the UK government's ongoing "negotiations" with the EU.

 

Best,

 

Lawrence

 

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