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
Myddelton House, Bulls Cross,
Tel: 01992 717711 Fax: 01992 709922
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:
Sent: 02 June 2011 14:25
To:
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.
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