The applicant is named in the footer of the letter as one of the directors. In that respect there is perhaps one valid SAR, subject to seeking further information under section 7(3) DPA.
David Kitson
Senior Solicitor, Litigation and Regulation, Legal and Support Services, Scarborough Borough Council
e: [log in to unmask] | t: 01723 384319 | f: 08702 384160
w: www.scarborough.gov.uk
Office: Town Hall, St Nicholas Street, Scarborough, North Yorkshire. YO11 2HG
Business hours: 8.30am to 5.00pm, Monday to Friday, excluding Bank Holidays
Winner - Yorkshire Lawyer Awards 2010
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Johnson, Carol (Cent Serv)
Sent: 24 August 2011 11:45
To: [log in to unmask]
Subject: Re: [data-protection] Limited Companies
We have it also and I'm going to speak to the company and explain the following points
- Limited company information isn't personal data and doesn't fall under DPA.
- I can treat it as FOI if they wish but they may want to consider if this is the appropriate way forward as the information will effectively be placed in the public domain, subject to exemptions.
- If the personal data is about someone other than the applicant, in this case it is the company, there is an exemption if disclosure would breach any of the Data Protection Principles.
- I cant treat the request for Directors details as SARs because its from a 3rd party who hasn't shown they are acting on behalf of the subject
Regards
____________________________________________
Carol Johnson
Corporate Information Manager
Corporate Information Unit
Tel (01204) 331398
e-mail [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Cotterill, Steve
Sent: 24 August 2011 10:03
To: [log in to unmask]
Subject: Re: [data-protection] Limited Companies
Yep - just got that request as well. A strange one.
Steve
______________________________________________________________________________________________________________________
Stephen Cotterill
Procurement & Technical Officer x3296
Broxtowe Borough Council
Resources Directorate
Council Offices, Foster Avenue,
Beeston, Nottingham, NG9 1AB
Tel: 0115 917 7777
Fax: 0115 917 3577
www.broxtowe.gov.uk
View our procurement page at: www.broxtowe.gov.uk/procurement View our contracts notice board: www.sourcenottinghamshire.co.uk Payments to Suppliers are published at http://www.broxtowe.gov.uk/paymentstosuppliers
Internal Users only - View our Procurement Intranet page at: http://intranet/index.aspx?articleid=2754
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Scourfield, Brenda
Sent: 24 August 2011 09:55
To: [log in to unmask]
Subject: Re: [data-protection] Limited Companies
Hi Jane,
Yes, that's the one. It's been passed to me from the FOI team. I'm wondering if the Company should be treated as FOI, but the Directors individually as Separate SARS - just a thought ?
Thanks
Brenda
Brenda Scourfield
Team Leader
I.T.
Pembrokeshire County Council
County Hall
Haverfordwest
SA61 1TP
01437 775380
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Jane Holden
Sent: 24 August 2011 09:56
To: [log in to unmask]
Subject: Re: [data-protection] Limited Companies
I've just got the request I think you're referring to.
"Copies of all files held by the Council in which [COMPANY], or any of its Directors are mentioned. The names of the Directors are listed below."
Jane Holden
Corporate Services Officer
Legal Services
Barrow-in-Furness Borough Council
Town Hall, Duke Street
Barrow-in-Furness
Cumbria LA14 2LD
Tel: 01229 876452
Fax: 01229 876515
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
Sent: 24 August 2011 09:46
To: [log in to unmask]
Subject: [data-protection] Limited Companies
Limitied Companies do not come under the DP Act. If one requests copies of any data/files we hold about the Limited Company or any of its Directors, is that FOI ?
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