Adrian
That's true but I think I'm correct in saying that many of the FOI's amendments to the DPA 1998 are prospective and do not come into force until November 2005 unless brought into force earlier by the relevant Government minister. Fortunately I do not have to look after DP on a day-to-day basis but as for the changes to the DPA people should carefully check the commencement provisions in the FOI especially, I would suggest, s. 87.
Because of the complexity of the gradual implementation of the FOI the Secretary of State (possibly now the Lord Chancellor) is instructed to present to Parliament a report on the sections not yet in force and how he proposes to bring these sections into force before 2005. People might want to check for this.
My basic point is that people should not assume that the amendments are yet in force. You must check. Otherwise you may assume burdens before you have to.
Laurence
Laurence W. Bebbington
Law Librarian
The University of Nottingham
>>> Adrian Tribe <[log in to unmask]> 03/09/03 16:19:16 >>>
Several of those who have responded in this thread are from
public bodies. Remember that for us, the definition of personal
data has been extended by the Freedom of Information Act to include
unstructured data, and that a right of access to this unstructured
personal data has also been added (under certain circumstances).
See http://www.legislation.hmso.gov.uk/acts/acts2000/00036--m.htm
Best wishes,
Adrian
Adrian Tribe <[log in to unmask]>
> -----Original Message-----
> From: Broom, Doreen [mailto:[log in to unmask]]
> Sent: 03 September 2003 16:01
> To: [log in to unmask]
> Subject: Re: Relevant (paper) filing systems
>
>
> ***** THIS EMAIL WAS SENT VIA THE INTERNET *****
>
> Would it not depend on whether the file with the person's
> name was easily
> accessible i.e. in a filing cabinet in alphabetical order but
> if it was just
> lying around an office and was not easily retrievable i.e.
> you spent six
> hours searching then that is the only way I can see that
> manual files would
> not be personal information.
>
> Dor
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