Personal data is exempt from disclosure under Section 40 (2) where that
disclosure would breach the 8 DP principles. If the individual has not
already been informed that disclosure was a possibility, it would breach
the 1st DP Principle "data must be processed fairly and lawfully".
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Hawley, Graeme
Sent: 14 June 2006 11:14
To: [log in to unmask]
Subject: Re: [data-protection] Anonymity when making FOI requests of
your own organisation
Sorry to reopen this issue again, but a member of the senior management
at my institution has now asked, in writing, for the names of those
people making FOI requests. I appreciate that this is FOISA, but it
does seem to collide with DPA. If I am to release the names to senior
management on the strength of their written request, then I am to
release them to all, in theory, one could argue (although this depends
on whether I interpret the request as a FOISA request. I interpret all
written requests for corporate information as FOISA requests.) I cant
release the names of requesters only to one group, in the same way that
I cannot pick and chose who I respond to with any FOISA request.
Which brings me back to my original problem. If I am going to refuse to
disclose the information, then the personal data exemption will need to
apply. Can I say that another member of staff cannot have access to
personal data if they do not need to have access? I know that Human
Resources staff do not give out the personal data to members of staff
(for example, if someone wants to send a get well card to a member of
staff, they hand it in to HR and they forward it on).
Is this situation any different?
Once again, I am seeking help here because the FOISA legislation has
nothing to say on the issue.
Cheers
Graeme
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Graeme Hawley
Sent: 30 May 2006 10:56
To: [log in to unmask]
Subject: [data-protection] Anonymity when making FOI requests of your
own organisation
Hi,
What is the score when an employee makes an FOI request of their own
organisation? I am the FOI officer at our organisation, and have
received a request for info from a member of staff. They have supplied
their name and email address. I am pretty sure that in gathering the
information for this, senior management will ask who this has come from.
There isn't usually a problem when it is external, and I can say
something like "a jounalist from the Telegraph", but it will be clear
from the nature of the question that this has come from inside. Despite
being the FOI officer, a request made for information isn't made
personally to me, but rather to the organisation. I am just the guy
that handles them. However, in order to satisfy the request, there is
no need for anyone else to know the identity of the applicant. On the
other hand, the organisation itself has received this request, so who am
I to say who else in the organisation should or shouldn't know? I feel
that if the management knew the identity of the applicant it may cause
awkwardness for them (damage and distress).
Does anyone have any suggestions. In order to withhold the member of
staff's name I think I need some sort of refernece from the DPA. FOISA
doesn't say anything about this.
Cheers
Graeme
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