Thank you to everyone who's chipped in. Actually I perhaps should have just looked at the Act first off, this seems to make it pretty clear? Advising whether data does/doesn't exist is supplying information surely?
(2)
A data controller is not obliged to supply any information under subsection (1) unless he has received—
(a) a request in writing, and
(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.
Regards
Paul Starkey
Senior Information Assurance Officer
Information Assurance Services,
University of Leicester, University Road, Leicester, LE1 7RH, UK
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-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 10 November 2017 13:12
To: [log in to unmask]
Subject: Re: [data-protection] DSAR question
Assuming the documents being enquired about would be within a SAR if made Sonia's approach is not going to work as the only valid FOI response would be a refusal to confirm or deny s40(5)(a).
And as Jon says asking is equivalent to a SAR in any event - see in particular regulation 2 "A request for information under any provision of section 7(1)(a), (b) or (c) of the Act is to be treated as extending also to information under all other provisions of section 7(1)(a), (b) and (c)." http://www.legislation.gov.uk/uksi/2000/191/regulation/2/made
Given this history I'd take the £10 and not refund if answer is no. Eventually may learn ...
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