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I broadly agree with Maurice here.

Obviously I don't know enough about the case to make a reasoned judgment on whether the 3rd party references should be redacted, but it would seem that you have potential here for a ridiculous situation where information which is already known about is supposedly being withheld - just like the famous footballer whose name the press couldn't mention, yet the dogs on the street knew who he was!

Ciaran Ward - Information Officer
Direct: 01992 709819
Lee Valley Regional Park Authority
Myddelton House, Bulls Cross, Enfield, Middlesex, EN2 9HG
Tel: 01992 717711  Fax: 01992 709922
www.leevalleypark.org.uk<http://www.leevalleypark.org.uk/>
P please don't print this e-mail unless you really need to
________________________________
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Maurice Frankel
Sent: 02 June 2011 14:25
To: [log in to unmask]
Subject: Re: [data-protection] 3rd party data known to SAR applicant

Several posts have suggested that the 3P data is not the applicant's personal data, but I'm not sure why that's necessarily so. Its perfectly possible for particular information to simultaneously be the personal data of (a) the data subject and (b) a third party, as is invariably the case where the information relates to a dispute between the two. Sections  7(4) to 7(6) of the DPA expressly recognise this. The test is whether the third party consents to disclose or if not whether disclosure without consent is reasonable in the circumstances. Where the information is clearly known to the DS already (eg it describes both halves of a conversation between the two) it may obviously  be reasonable to disclose as the DS always has an interest in ensuring that such information, though known to him, has been accurately recorded.

Maurice Frankel
Campaign for Freedom of Information
www.cfoi.org.uk<http://www.cfoi.org.uk>
http://twitter.com/CampaignFOI


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