Ralph
As someone who sat through the whole of the Durant Court of Appeal hearing,
I'd have to say there wasn't a lot to support your notion that Mr Durant was
vexatious in prosecuting his appeal (although I have little doubt the judges
all thought him so). Ill-advised maybe, but vexatious, not! Mr Durant would
not have been given leave to appeal if he had been considered vexatious.
To the extent that the County Court ruled that he had a right to be given
access to his personal data but refused to use its discretion to make an
order supporting that right, Mr Durant had good reason to pursue an appeal.
Ironically, just about the only thing the CoA got right, IMHO, was the
question of 'relevant filing system' given how the DPA is drafted. Having
ruled the information as not being data by reason of it not being recorded
in a relevant filing system, the CoA had nothing further to decide. Their
mistake was in deciding more.
Ian Mansbach
Mansbachs
Data Protection Practitioners
[log in to unmask]
phone: 0871 716 5060
international: +44 (871) 716 5060
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of datap
Sent: 28 June 2004 09:49
To: [log in to unmask]
Subject: Re: [data-protection] SAR & the Durant Case
Clementine
surely something to bring up at our meeting in July!
But for my part - Durrant makes no difference what-so-ever to me.
I'm firmly of the belief of a culture of an open public sector, so if they
ask for it and we can find it, (at least in my organisation) they can have
it, and that to me is the very spirit and essence of the DPA.
I'm firmly of the belief the 'relevant filing system' was orginally only
there so you wouldn't have to search through every managers desk draws for
random bits of paper about a given request. I also believe the court of
appeal set a dangerous prescident by interpretting this to get rid of a
vexatious complainant, everyone now looks to the Durrant ruling as an excuse
to get out of providing the public with their basic rights to know what we
have.
Anything else is a dangerous and retrograde step.
Ralph T B O'Brien
Group Data Protection Officer
Metropolitan Housing Group
020 8829 8070
[log in to unmask]
Cambridge House
109 Mayes Road
Wood Green
London N22 6UR
www.mht-group.co.uk
Views expressed may be those of the sender and may not reflect Metropolitan
Housing Groups policy.
>>> Clementine Amawo <[log in to unmask]> 25/06/2004
09:42:01 >>>
This question is directed more to those in the housing sector /industry.
I'd be interested in finding out whether other G17 are planning to change
their 'Access to Personal Information' policies following the Durant v FSA
case and the Information Commissioner's advice.
Cheers
Clementine Amawo
Information Management Officer
Circle 33 Housing Group
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