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]>
To: [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

 

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Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
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