Tim Trent on 13 May 2005 at 15:12 said:-
> I am in total agreement with you. Usually an agreement can
> be reached about what is required, though, which safes a
> great deal of grief. And for those where agreement cannot be
> reached the 100% effort is required
Provided of course that any approach to the data subject is not interpreted
as a request to find out why they want the SAR data.
The difference between clarifying and asking for reasons can be difficult to
determine so the inherent risk in any approach on most occasions may be more
troublesome than any search for the data.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: 13 May 2005 15:12
> To: [log in to unmask]
> Subject: Re: Disproportionate Effort
>
>
> I am in total agreement with you. Usually an agreement can
> be reached about what is required, though, which safes a
> great deal of grief. And for those where agreement cannot be
> reached the 100% effort is required
>
> 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
>
>
>
>
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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 ianwelton
> Sent: 13 May 2005 15:07
> To: [log in to unmask]
> Subject: Re: [data-protection] Disproportionate Effort
>
> Tim Trent on 13 May 2005 at 13:32 said:-
>
> > It is lawful to discuss the requestor's requirements with
> them, and it
> > is pragmatic and good business to do so
>
> It may be lawful to discuss, but you cannot ask, and the data
> subject has no legal obligation to engage in any discussion,
> meanwhile the 40 days clock continues.
>
> Ian W
>
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]] On Behalf Of Tim Trent
> > Sent: 13 May 2005 13:32
> > To: [log in to unmask]
> > Subject: Re: Disproportionate Effort
> >
> >
> > My feeling is not. Susan has rightly pointed out what
> > disproportionate effort refers to. It is not the search, nor the
> > retrieval element.
> >
> > Your best course of action is to discuss with the requestor what is
> > required and to provide that.
> >
> > The challenge with SARs is that we receive them after we
> have hacked
> > someone off big-time, so they may simply not care at all
> and require
> > you to walk the entire distance JUST to get back at you. Almost
> > always this comes down to handling complaints well in the
> first place.
> > And not having staff hide (as did my ISP) behind the DPA when asked
> > for information to which the individual is entitled anyway
> (The ISP's
> > Data Protection Manager was horrified that staff had been
> saying "You
> > must send in an SAR", and will probably kill them)
> >
> > It is lawful to discuss the requestor's requirements with
> them, and it
> > is pragmatic and good business to do so
> >
> >
> > 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
> >
> >
> >
> >
> > Important: This mail contains proprietary information some
> or all of
> > which may be legally privileged. It is for the intended recipient
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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 Turner8
> > Sent: 12 May 2005 09:50
> > To: [log in to unmask]
> > Subject: Re: [data-protection] Disproportionate Effort
> >
> > Thanks Susan,
> >
> > The nature of the request I have received means that the
> vast amount
> > of effort is in the search and retrieval of information.
> With that in
> > mind, is there an appropriate limit for DPA? Has ther been any case
> > law around this?
> >
> > Thanks,
> > Stewart
> >
> > ----- Original Message -----
> > From: "Healy, Susan" <[log in to unmask]>
> > To: <[log in to unmask]>
> > Sent: Thursday, May 12, 2005 9:43 AM
> > Subject: Re: [data-protection] Disproportionate Effort
> >
> >
> > disproportionate effort applies only in relation to provision of
> > information in PERMANENT form. There is no exemption on
> these grounds
> > from the basic obligation to provide data subjects with the
> > information requested under DPA s 7.
> >
> > Where the personal information is category (e) data,
> introduced by the
> > FOI Act, the FOI cost limit applies. You can find out about
> the cost
> > limit here:
> >
> > http://www.foi.gov.uk/feesguide.htm
> >
> > Susan Healy
> > Head of Information Policy and Legislation Unit The
> National Archives
> > Kew Surrey TW9 4DU Tel 020-8392 5330 ext 2305
> > www.nationalarchives.gov.uk
> >
> >
> >
> > -----Original Message-----
> > From: This list is for those interested in Data Protection issues
> > [mailto:[log in to unmask]]On Behalf Of Turner8
> > Sent: 12 May 2005 08:37
> > To: [log in to unmask]
> > Subject: [data-protection] Disproportionate Effort
> >
> >
> > Can anyone fill me in on what the most recent guidance on
> > disproportionate effort is for a DPA request? Would it be
> defensible
> > to use FOI guidelines? What is the generally accepted reaction to a
> > general "everything about or referring to me" type of SAR
> for a public
> > body?
> >
> > I'd be extreeemely grateful for any advice or pointers to good
> > information sources.
> >
> > Regards,
> > Stewart.
> >
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