There is always an argument under Durant that a lot of this is not
actually personal data.
Taking it out of PD leaves you open to an FOI request for the same
information relating e.g. to car A123BCD, but at least you then have the
potential ability to use the costs exemption or impose copying charges.
Phillip Bradshaw
Information Manager
Democratic Services
Room CY4A, County Hall
EMail: [log in to unmask]
Phone: 029 2087 3346
Mobile : 07890 265987
Fax: 029 2087 3349
Fax: 029 2087 3349
"[I] can't put a figure on it, but ... FoI must be saving public
services million of pounds every year, just in terms of rooting out
expenditure that is difficult to justify"
Christopher Graham, Information Commissioner
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Lynn Wyeth
Sent: 03 November 2010 12:56
To: [log in to unmask]
Subject: [data-protection] Parking Tickets (PCNs) - Exemtions under DP?
Philip said
>I agree with Jonathan that under the appeals process you have to prove,
and if necessary produce the documents, ESPECIALLY if they prejudice
your case. To do otherwise would be both contrary to natural justice and
maladministration in my view. But that is not the same as an SAR.
Exactly. You see this is where I need to be very clear on what processes
we are using. If this gentleman has a right to this information under a
different process, as and when each one of his 170 tickets comes before
the adjudicator, then he will get what he's entitled to. We have no
reason to hide anything. We'll no doubt win some and lose some.
What I am trying to get very clear in my head, so my lot don't try and
withhold information wrongly, is whether the exemption for management
planning flies under a SAR, as let's face it, it's another one that's a
bit open to interpretation! I see this as being something very different
to the justice and maladminstration aspect of things. We exempt info to
ex members of staff who are taking us to Tribunal on s7(5) grounds...
and then if they are entitled to it because the ET rules they are, or a
court does, fine, they get it. The ICO has just agreed with us on a case
like this that we could withold info under this exemption.
So my main question is not about whether you believe it right or wrong
to try and withhold - or you think all ticket wardens are evil (Please
trust me, they are all not and many suffer abuse and violence from
repeat parking offenders clogging up our streets dangerously.) - but is
it potentially a valid exemption under Subject Access Rights that I
could consider applying on a case by case basis e.g. if it's going to
court for non-payment now?
I have to put the case for and against... and I'm getting lots of
againsts here, but I'm still not clear anyone has actually said why
s7(5) would not apply under DP?
Thanks for the debate so far tho!
Lynn
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