I find it very hard to see the physical difference between a SAR, the
outcome of which is legal action because of the content of the data
presented (or the lack of data presented) and a SAR which gets information
to use in a legal action. I tend not to think we can ask the intent! Even
if we were able to, would we get a reasonable answer?
"Hi, I want my information so I can sue the backside off your organisation"
looks very like "please show me all the data you hold on me". I may not
take into account the fact that I just fired the guy in my deciding what
information to give him.
Tim Trent - Consultant
Direct: +44(0)1344 392644 Mobile:+44(0)7710 126618
email: [log in to unmask]
Marketing Improvement Limited, Abbey House, Grenville Place, Bracknell,
United Kingdom, RG12 1BP
http://www.marketingimprovement.com
This message is for the intended addressee's use only. It may contain
confidential, proprietary or legally privileged information. No
confidentiality or privilege is waived or lost by any mis-transmission. If
you receive this message in error, please immediately delete it and all
copies of it from your system, destroy any hard copies of it and notify the
sender. You must not, directly or indirectly, use, disclose, distribute,
print, or copy any part of this message if you are not the intended
recipient. Any views expressed in this message are those of the individual
sender, except where the message states otherwise and the sender is
authorised to state them to be the views of any such entity.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graham Hadfield
Sent: Monday, July 26, 2004 9:22 AM
To: [log in to unmask]
Subject: Re: [data-protection] Vexatious SAR's - uh?
>But the judges in the Durant appeal specifically said that people
>should
not use >SARs as a way of getting info for litigation purposes.
When delivering internal training I always remind people that exemptions are
measures which are available to us but don't necessarily have to be used.
In the 21 months since I took over responsibility for SARs we have had about
half a dozen cases where there was a suspicion that the data subject wanted
the information for use in some sort of "action" against the Council
- ranging from possible legal action to arguing that they were receiving a
lower level of service than they were entitled to.
In some of these cases the data subject pursued the complaints procedure at
the same time. However, in no case has it been felt necessary to treat any
of these requests as vexatious. I can imagine that some data controllers
might wish to classify requests as vexatious in similar circumstances but I
would be very suspicious that their motives were to cover up something they
didn't wish to disclose.
I agree with Antoinette and would only classify a SAR as vexatious if it
appeared to be designed solely to cause inconvenience to the data
controller.
Regards,
Graham
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|
