The question is more "is there anything which prevents a charge being levied?"
As we all know, s35 (and s29) don't oblige a data controller to disclose - they merely provide an exemption to the general restrictions on disclosure detailed in s27(4).
If there is no legal right to receive information disclosed under s35 etc, and absent any specific restriction in other law against charging by the data controller, then I don't see what stops them.
Jonathan Baines
Complaints and Information Rights Officer
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
Follow us on twitter @buckscclegal
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of [log in to unmask]
Sent: 13 November 2013 15:23
To: [log in to unmask]
Subject: Re: [data-protection] Section 35(2) - Charges for Admin etc
Steve
I can't find the where it says you can charge at the moment but I have look on a couple of Police websites and they have a list of charges that they will apply under section 35. Some of them seem to be extortionate.
http://www.surrey.police.uk/Portals/0/pdf/about%20us/DP_Section35-Guidance.pdf
Chris
From: "Cotterill, Steve" <[log in to unmask]<mailto:[log in to unmask]>>
To: [log in to unmask]<mailto:[log in to unmask]>
Sent: Wednesday, 13 November 2013, 14:35
Subject: [data-protection] Section 35(2) - Charges for Admin etc
All,
I notice a lot of organisation charge for admin costs for providing information under Section 35(2), especially with regards to CCTV footage (over and above any £10.00 fee).
Can someone point me to the legislation where it says we can do this?
Thanks
Steve
_____________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Resources Directorate
Council Offices, Foster Avenue,
Beeston, Nottingham, NG9 1AB
Tel: 0115 917 7777
Fax: 0115 917 3577
www.broxtowe.gov.uk<http://www.broxtowe.gov.uk/>
View our procurement page at: www.broxtowe.gov.uk/procurement<http://www.broxtowe.gov.uk/procurement>
View our contracts notice board: www.sourcenottinghamshire.co.uk<http://www.sourcenottinghamshire.co.uk/>
Payments to Suppliers are published at http://www.broxtowe.gov.uk/paymentstosuppliers
Internal Users only - View our Procurement Intranet page at: http://intranet/index.aspx?articleid=9665
Internal Users only - View our Information Management Intranet page at: http://intranet/index.aspx?articleid=9529
DISCLAIMER:
This email and any attachments are confidential and intended solely for the use of the individual to whom it is addressed. If you are not 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 contact the IT Service Desk at Broxtowe Borough Council on [log in to unmask]<mailto:[log in to unmask]> or telephone 0115 917 3194.
Senders and recipients of email should be aware that, under current legislation, the contents may be monitored and will be retained. The contents of the email may have to be disclosed in response to a request.
This disclaimer confirms that this email message has been swept for the presence of computer viruses.
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 mailto:[log in to unmask]&BODY=LEAVE%20data-protection
* Suspending emails from all JISCMail lists: send SET * NOMAIL to mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL
* To receive emails from this list in text format: send SET data-protection NOHTML to mailto:[log in to unmask]&BODY=SET%20data-protection%20NOHTML
* To receive emails from this list in HTML format: send SET data-protection HTML to mailto:[log in to unmask]&BODY=SET%20data-protection%20HTML
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]<mailto:[log in to unmask]>
Any queries about sending or receiving messages please send to the list owner [log in to unmask]<mailto:[log in to unmask]>
(Please send all commands to [log in to unmask]<mailto:[log in to unmask]> not the list or the moderators, and all requests for technical help to [log in to unmask]<mailto:[log in to unmask]>, the general office helpline)
________________________________
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%20data-protection>
* Suspending emails from all JISCMail lists: send SET * NOMAIL to [log in to unmask]<mailto:[log in to unmask]&BODY=SET%20*%20NOMAIL>
* 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%20data-protection%20NOHTML>
* 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%20data-protection%20HTML>
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]<mailto:[log in to unmask]>
Any queries about sending or receiving messages please send to the list owner [log in to unmask]<mailto:[log in to unmask]>
(Please send all commands to [log in to unmask]<mailto:[log in to unmask]> not the list or the moderators, and all requests for technical help to [log in to unmask]<mailto:[log in to unmask]>, the general office helpline)
________________________________
Buckinghamshire County Council
Visit our Web Site : http://www.buckscc.gov.uk
Buckinghamshire County Council Email Disclaimer
This Email, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed. It may contain sensitive or protectively marked material and should be handled accordingly. If this Email has been misdirected, please notify the author or [log in to unmask] immediately. If you are not the intended recipient you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately. Whilst we take reasonable steps to try to identify any software viruses, any attachments to this Email may nevertheless contain viruses which our anti-virus software has failed to identify. You should therefore carry out your own anti-virus checks before opening any documents.
Buckinghamshire County Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this email.
All GCSx traffic may be subject to recording and / or monitoring in accordance with relevant legislation.
The views expressed in this email are not necessarily those of Buckinghamshire County Council unless explicitly stated.
This footnote also confirms that this email has been swept for content and for the presence of computer viruses.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
