Hi Amy
If you have a very large volume of complaints is the effort to obtain
consent and any subsequent extraction etc for disclosure not
disproportionate? Section 8(2)(a) I think it's probably unlikely you'll
get consent or you may get some and not others. Are you then going to
filter these and extract the information?
I would be inclined to refuse the request on the basis that the
information cannot be disclosed without identifying those individuals -
Section 7(4)
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
_____
From: Jaines, Amy [mailto:[log in to unmask]]
Sent: 26 June 2012 11:25
To: Jane Holden; [log in to unmask]
Subject: RE: [data-protection] do I have to provide copies of documents
in response to an SAR?
Hi Jane,
Thank you for your email. To give a very brief background to the
situation, the requester has recently been served with a number of
Section 215 Notices affecting several buildings he/she owns within a
conservation area. The notices were served as a result of the Council
receiving a very large volume of complaints about the general state of
disrepair that these properties are in.
He/She has now made a subject access request for any of his/her personal
data contained within these letters of complaint. I am satisfied that
the letters do contain his/her personal data, what I am very concerned
about is that some of the data that identifies him/her also identifies
the complainants. I do not wish to disclose this information without
consulting the complainants but I also wasn't sure on what the protocol
is for protecting the requesters personal information when contacting
third parties about a request?
I hope that makes sense? I have never processed a subject access request
on this scale before and although I do think I am right in the approach
I am taking it is always useful to get a second opinion
Many thanks,
Amy Jaines - Information Governance Officer
Information Management
East Lindsey District Council,
Room 158, Tedder Hall, Manby Park, Manby
Louth, Lincolnshire, LN11 8UP
Tel: 01507 613409 ext. 3409
E: <mailto:[log in to unmask]>
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_____
From: Jane Holden [mailto:[log in to unmask]]
Sent: 26 June 2012 11:15
To: Jaines, Amy
Subject: RE: [data-protection] do I have to provide copies of documents
in response to an SAR?
Hi Amy
It is possible that by extracting the PD of the requestor from the
complainants letter you will identify the complainant(s). If this is
the case then you cannot disclose.
It's hard to advise really not knowing the nature of the complaint.
Sometimes it's a case that the information isn't actually the requestors
PD. For example noise complaints. Noise emanating from an individuals
house for example a dog barking, doesn't automatically make it the PD of
the homeowner.
I can't remember whether or not you told us what the complaints relate
to.
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
_____
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Jaines, Amy
Sent: 26 June 2012 11:09
To: [log in to unmask]
Subject: Re: [data-protection] do I have to provide copies of documents
in response to an SAR?
Thank you for all the really helpful advice re the above, however I now
face another dilemma?!
As I said below, the request that I am processing concerns access to the
requesters personal information that is contained within letters of
complaint received by third parties.
Is it acceptable for me to contact those people who wrote the letters of
complaint where disclosure of the requester's personal information from
those letters would also identify the complainant, who is obviously a
third party to the request. What I don't want to do is inadvertently
breach the requesters DPA rights by informing the complainants (third
parties) of his request??
Kind regards,
Amy Jaines - Information Governance Officer
Information Management
East Lindsey District Council,
Room 158, Tedder Hall, Manby Park, Manby
Louth, Lincolnshire, LN11 8UP
Tel: 01507 613409 ext. 3409
E: <mailto:[log in to unmask]>
[log in to unmask]
Website: <http://www.e-lindsey.gov.uk/> www.e-lindsey.gov.uk
Facebook: <http://www.e-lindsey.gov.uk/facebook>
www.e-lindsey.gov.uk/facebook
Twitter: <http://www.e-lindsey.gov.uk/twitter>
www.e-lindsey.gov.uk/twitter
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