All Section 29 says is that you have, or believe you have, an exemption that allows them to provide you with information (and, in the case of s29(3) to do so without notifying the data subject. If you have a separate legal power to *require* that information (as the police may with a warrant), then that power will determine the terms on which they provide it. Otherwise, they're simply providing you with a service, and can charge for it as they can for any service they, as a commercial organisation, provide to anybody. Of course if neither you nor they made clear the terms and conditions of providing that service then it's a bit cheeky simply to whack in an invoice, and some moral pressure at least can be applied to get them to waive the charge.
Ben
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Baines, Jonathan
Sent: 04 November 2011 11:17
To: [log in to unmask]
Subject: Re: [data-protection] Can private companies charge for complying with S.29(3) requests?
I think one can turn the question round.
Under what powers are they going to try to enforce payment of the charge?
Jonathan Baines
Legal and Democratic Services
Buckinghamshire County Council
01296 383681
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Lynn Wyeth
Sent: Friday 04 November 2011 10:44
To: [log in to unmask]
Subject: Re: [data-protection] Can private companies charge for complying with S.29(3) requests?
Ditto for s35 requests. Have people seen organisations charge for that too? I think several Police forces charge about £75...
We've had lengthy discussions about it particularly in relation to providing CCTV footage which can become quite costly once we spend hours searching and fuzzying faces.
As mentioned, the legislation doesn't say you can charge...but doesn't say you can't either. I'd hazard a guess they didn't intend charges, or otherwise they would have put an amount on it like they did for SARs, but maybe you could argue otherwise if the Act is silent about NOT charging?
Lynn
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