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Thank you all for your responses both on and off list – I have come to the conclusion that I am going to completely disregard the appeals code and treat the information as I would any other.

 

Amy Jaines

Legal Services Lincolnshire

Lincolnshire County Council

 

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Iain Harrison
Sent: 09 August 2017 11:51
To: [log in to unmask]
Subject: Re: [data-protection] SAR - School Admission Appeals

 

Absolutely, what DP exemption would apply? I suppose someone could try something from Schedule 7 (not sure though)?

 

We disclose here (and I briefed Appeal panel members and involved officers again recently telling them that we would and why).

 

Iain

 

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jon Baines
Sent: 09 August 2017 10:57
To: [log in to unmask]
Subject: Re: [data-protection] SAR - School Admission Appeals

 

That part of the Appeals Code is nonsense, and has always irritated me. There is no specific data protection exemption available. In a previous life we regularly disclosed the notes (and, to cover off the third party data issues, advised panel members and admission authority presenting officers in advance that the notes were likely to be disclosed if a SAR were received).

 

Jon Baines,

Chair,

nadpo.co.uk


On 9 Aug 2017, at 10:20, Amy Jaines <[log in to unmask]> wrote:

Morning All,

 

I am currently considering a SAR involving notes taken at a School Admission Appeal Hearing, particularly the relevance of Paragraph 2.27 of the Statutory School Admissions Appeals Code which states "…such notes and records will, in most cases, be exempt from disclosure under the Freedom of Information Act 2000 and the Data Protection Act 1998"

 

My question is on what basis has this statement been made? I can certainly see how the information would be exempt from disclosure under FOI but, unless I am missing something really obvious (and if that is the case, I apologise) I cannot immediately see that this information attracts an exemption from the Subject Information Provisions under DPA.

 

Has anyone else encountered this problem?

 

 

Amy Jaines

Legal Services Lincolnshire

Lincolnshire County Council

 

 

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