I supppose, on looking at the original request which they made in English - they then ask for the information provided to be translated (so probaly not) - sorry I should read things first. Yes, my FOI/DP gets mixed up sometimes.
-----Original Message-----
From: Marchini, Renzo [mailto:[log in to unmask]]
Sent: 30 April 2008 15:18
To: Broom, Doreen; [log in to unmask]
Subject: RE: [data-protection] Accessable formats
Happy to be shot down but I can't believe that any court would construe "intelligible form" in s7(1) to mean intelligible to a particular individual as opposed to generally. The English language is intelligible for the purpose of UK legislation (and I won't touch on Welsh here!). So for example, if a controller was to provide the information in a non-English language (leaving aside Welsh) I can see a legitimate complaint, but not the other way round.
The point mentioned earlier on explanation to be provided to render something intelligible (which is in section 8(2)) likewise I think must mean generally rather than specifically to a particular individual with needs.
Any general duty to translate, I think, does not come from the DPA.
One possible argument in support of an obligation to provide information in a non-English language is that if the dealings with the particular individual (or of a particular service) is often in a non-English language (as may be the case with some LA services), then the overriding duty in the first principle to process data fairly might (just might) impact.... but I can't see a general requirement. I'd guess that there are well over 200 languages spoken in the UK and near that number in some inner city boroughs. It can't be incumbent upon the LA to service all access requests in that language at least not as a result of a DPA.
Does anyone know about general statutory duties upon an LA to provide services in other languages; they all do of course.
Renzo Marchini
Counsel
Dechert LLP
+44 (0) 20 7184 7563 direct
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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 Broom, Doreen
Sent: 30 April 2008 14:19
To: [log in to unmask]
Subject: Re: [data-protection] Accessable formats
The use of the words "intelligible form" means that the information may needed to be explained or decoded. If the person making the SAR couold not read English then what would be the point of providing it unless it was explained what it meant. However, does getting a translation mean disproprortionate effort? Although we can only charge £10, I have actually provided boxes of paperwork which would have cost a considerable amount of money therefore as a public authority I think we would have to show willing.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Peter Mead
Sent: 30 April 2008 13:30
To: [log in to unmask]
Subject: Re: Accessable formats
Dear Tom
A Local authority may have a more general legal requirement to provide information in an appropriate language. I would agree that the DPA itself would be satisfied by supplying it in English. After all you are holding it in English, and the DPA gives individuals the right to see information that you hold about them.....
Hope this is of use.
Peter Mead
Information Rights Specialist
Email: [log in to unmask]
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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 simon howarth
Sent: 30 April 2008 11:45
To: [log in to unmask]
Subject: Re: [data-protection] Accessable formats
I am speaking without checking (never a good idea), but the FOI requirements are that a request is legitimate in any language, however the response can be limited to English. I am not sure about the DPA, would suggest that the same applies. In which case you have discharged your obligations.
Simon Howarth
Quoting Tim Trent <[log in to unmask]>:
> This is a point to ask the UKIC helpline for advice. My take would be
> that you have offered the information in an intelligible format and
> that language translation is not your responsibility unless you have a
> policy elsewhere to do so
>
> Tom Devenish wrote:
> > Hi All,
> >
> > I have processed a subject access request from a parent of children
> > receiving services from the authority. I have today received a
> > further letter from the parent asking for the information to be
> > translated into
a
> > the parents first language (somali).
> >
> > I understand the Act say we must make make information accessable,
however
>
> > to what extent do we go? or not?
> >
> > I woulld e interested in your thoughts?
> >
> > Many Thanks,
> > Tom
> >
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