Just to let you know, I seem to recall many years ago being told about a
Catholic Priest whose surname was Christmas. Therefore the suggested name is
not as silly as it appears. He was from Bolton, possibly.
Simon Howarth.
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Kevin Broadfoot
Sent: 27 June 2006 12:59
To: [log in to unmask]
Subject: Re: [data-protection] Anonymity when making FOI requests of your
own organisation
Tony states
>"Surely this falls under the same criteria as a "vexatious" request -i.e.
>it must be the request, per se, that is frivolous or vexatious - not the
>requestor?
Nick asks
>"Should people be penalised because of a lack of imagination in their
>choice of pseudonym?"
I would agree with the general view that requests should be applicant
blind however the IC has stated in his 2004 guidance note that "Although a
public authority may not designate a request as vexatious simply because
the applicant uses an obvious pseudonym, it may be prompted by the use of
the pseudonym to consider whether the request is vexatious." I do note
that the IC went on to say that decisions should not be based on the
applicant's name alone but the opportunity for a request to be refused
exists if an applicant uses a pseudonym.
I stand by my point that when Lord Bach states "there is nothing in FOI
that requires an applicant to give his real name" he may be wrong in that
view especially if he is assuming, as he seems to be in using Father
Christmas as an example, that the provision should be interpreted as
indicating any name will do. The provision quite specifically states THE
name of the applicant and to use a pseudonym runs the risk that an
authority could refuse the request on the grounds that it isn't valid.
Further, the Scottish Information Commissioner has published a statement
on his website which provides that the real name of the requestor must be
given and if a request comes in from a name that is clearly a pseudonym,
the application is invalid.
rgds,
Kevin Broadfoot
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(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
Any queries about sending or receiving message please send to the list owner
[log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|