Roland Perry on 05 October 2004 at 09:18 said:-
>
> Can I follow up this aspect of the discussion?
>
> What are you expecting to happen to a SAR when the data controller is
> simply too busy or disorganised to reply within 40 days?
> (I've had that
> happen to the one and only SAR I've issued, and the Data
> Controller was
> the Met Police).
>
> Are you saying that all they should do is give up at the 40
> days and say
> "so sue me", rather than struggle on and get the data sorted out in 45
> days (which is what happened in my case)?
Not at all.
I am saying that it is lawfully possible, given the ICO's stated advice for
third party data, to close the file at the forty day period and not follow
up on any outstanding third party requests.
Equally so with any additional self imposed 40 day clock.
The easy decision appears to be to contact a third party rather than
disclose. What lengths is it necessary to then go to in chasing third party
data?
Would you as an informed third party respond to a request by a data
controller to disclose material identifying you?
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Roland Perry
> Sent: 05 October 2004 09:18
> To: [log in to unmask]
> Subject: Re: Third party response consent. Was - RE: SAR and
> compliance calendar days
>
>
> In message <000f01c4aa04$28e8e800$5b3468d5@ntlworld>, at 12:20:25 on
> Mon, 4 Oct 2004, Ian Welton <[log in to unmask]> writes
> >There is also no existing mechanism which would require a
> data controller to
> >take any action in following up any third party enquiries
> (The 40 days and
> >40 nights have passed, the SAR file is closed).
>
> Can I follow up this aspect of the discussion?
>
> What are you expecting to happen to a SAR when the data controller is
> simply too busy or disorganised to reply within 40 days?
> (I've had that
> happen to the one and only SAR I've issued, and the Data
> Controller was
> the Met Police).
>
> Are you saying that all they should do is give up at the 40
> days and say
> "so sue me", rather than struggle on and get the data sorted out in 45
> days (which is what happened in my case)?
> --
> Roland Perry
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