Amy
Section 29(3) is not an access regime as say Section 7 is and there is no provision for charging. Likewise there's nothing to say they can't either. It's a mechanism which can be used to allow disclosure. It is a organisational decision as to whether they disclose and it sounds like their policy is to charge for requests made citing these provisions. Is there anything to stop them making an admin charge - not that I can see - happy to be corrected? But unless they informed you of this at the outset and you accepted I don't believe they can pursue payment.
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
________________________________
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jaines, Amy
Sent: 04 November 2011 10:19
To: [log in to unmask]
Subject: [data-protection] Can private companies charge for complying with S.29(3) requests?
Morning All,
Our Fraud Investigation Team sent a Section 29(3) Request for information to a local letting agency for some information about one of their former tenants, who is currently subject to investigation for potential benefit offences.
The letting agency have complied with the request but have invoiced us for the information. Can they do this? I am not aware of any part of DPA legislation that allows for making a charge for information, unless it is for an SAR and even then the maximum charge is £10 and the invoice they have sent us exceeds this amount by quite a lot??
Regards,
Amy Jaines - Information Governance Officer
Information Management
East Lindsey District Council,
Room 158, Tedder Hall, Manby Park, Manby
Louth, Lincolnshire, LN11 8UP
Tel: 01507 329413 ext. 506
E: [log in to unmask] <mailto:[log in to unmask]>
Website: www.e-lindsey.gov.uk <http://www.e-lindsey.gov.uk/>
Facebook: www.e-lindsey.gov.uk/facebook
Twitter: www.e-lindsey.gov.uk/twitter
'Lincolnshire's Coastal District'
Market shopping in East Lindsey <http://www.e-lindsey.gov.uk/Markets/>
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. This communication may contain confidential material. If you are not the intended recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender. The views expressed in this message are my own, and any negotiations by email are subject to formal contract. Any correspondence with the sender will be subject to automatic monitoring for inappropriate content. Your information will be processed in accordance with the law, in particular the Data Protection Act 1998. The information that you provide will only be used for Council purposes unless there is a legal authority to do otherwise. The contents of e-mails may have to be disclosed to a request under the Data Protection Act 1998 and the Freedom of Information Act 2000.
________________________________
All archives of messages are stored permanently and are available to the world wide web community at large at http://www.jiscmail.ac.uk/lists/data-protection.html
Selected commands (the command has been filled in below in the body of the email if you are receiving emails in HTML format):
* Leaving this list: send leave data-protection to [log in to unmask] <mailto:[log in to unmask]&BODY=LEAVE data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask] <mailto:[log in to unmask]&BODY=SET * NOMAIL>
* To receive emails from this list in text format: send SET data-protection NOHTML to [log in to unmask] <mailto:[log in to unmask]&BODY=SET data-protection NOHTML>
* To receive emails from this list in HTML format: send SET data-protection HTML to [log in to unmask] <mailto:[log in to unmask]&BODY=SET data-protection HTML>
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm and are sent in the body of an otherwise blank email to [log in to unmask]
Any queries about sending or receiving messages please send to the list owner [log in to unmask]
(Please send all commands to [log in to unmask] not the list or the moderators, and all requests for technical help to [log in to unmask], the general office helpline)
________________________________
Barrow Borough Council - Enhancing the economic and social future
of the Borough.
Think - UK businesses use 2 million tonnes of paper each year - do
you really need to print this e-mail?
This e-mail and any files transmitted with it are confidential and
intended solely for the use of the individual to whom it is
addressed. Any view or opinions presented are solely of the author
and do not necessarily represent those of Barrow Borough Council.
If you are not the intended recipient you may not use, disclose,
distribute, copy, print or rely on this e-mail. If you have received
this e-mail in error please contact the sender.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
