That’s not quite the scenario I was referring to, which is: what if the information is the personal data of both the data subject and someone else. In that case, the fact that the data subject already knows the information is highly relevant to the ‘reasonable in all the circumstances’ test in DPA s.7(4)(b).
The fact that I know a colleague’s home address is a different situation, as my colleague’s address is unlikely to also be my personal data
Maurice Frankel
On 2 Jun 2011, at 16:17, Cotterill, Steve wrote:
> It doesn't make sense that because I already know the information it should be disclosed to me. For example, I know my colleagues home address, but I wouldn't expect it to be released to me by Personnel if I made the request just because I already know it.
>
>
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> Stephen Cotterill
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> From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Ward, Ciaran
> Sent: 02 June 2011 15:09
> To: [log in to unmask]
> Subject: [data-protection] FW: [data-protection] 3rd party data known to SAR applicant
>
> 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
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> 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://twitter.com/CampaignFOI
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