We had a case with the ICO recently on just this sort of matter.
In summary, they said-yes it was an accessible record so no-we could not use the costs exemption!
Iain Harrison
Information Governance Officer,
Information Governance Team,
Democratic Services,
Customer & Workforce Services,
Coventry City Council
Room 21a, Lower Ground Floor,
Council House,
Earl Street
Coventry. CV1 5RR
Telephone No: 024 7683 3305
Fax No: 024 7683 3395
www.coventry.gov.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 22 November 2010 13:18
To: [log in to unmask]
Subject: [data-protection] Whose accessible record ?
As a local authority our (paper - please ignore electronic records in the context of this question) social work files are clearly accessible records under Schedule 12 DPA.
Suppose we have a file on Mrs Jones - a client for many years, so the file runs to 100's if not 1000's of pages. Mr Smith thinks he may have been mentioned in the file some years ago as he recalls speaking to Mrs Jones social worker.
Mr Smith makes a SAR for his "personal data" held in this file.
Q. So far as Mr Smith's request is concerned is Mrs Jones file an accessible record ? It seems to me that on a strict reading of the Act the answer must be yes, as the definition is not linked to the primary data subject.
This is important as it seems we must spend many hours trawling through the file - on the off chance it may have some record of Mr Smith, which when we find it may or may not be personal data (Durant).
If it is not part of an accessible record, it is only data under the extended paragraph (e) of s1 and we can use the costs exemption in s9A as it is clearly neither automatic processing data nor part of a relevant filing system.
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