RE: FOIA - Personal Information and the Right to Prevent Processing by Ibrahim - written 07/05/2008 08:24:40


Hi Sue




Thanks for
your message.




Normally
personal data is covered by section 40 which is an absolute exemption. However
when you are served with a section 10 notice by the subject then it becomes a
qualified exemption so you have to consider the public interests test.




I am aware
of one decisions where section 10 comes into play:





Case Ref: FS50088779


 

Date:
22/11/2006




Public Authority: The Governing Body of
GarforthCommunity College








I mention this in episode 3 of my FOI Podcasts. You can
download the script from the FOI Podcast page on my website.




I am not aware of any cases where the third party has
sought damages after a release under FOI. In any event I think it could be
defended on the basis that the disclosure was required by law.




Our course on Handling Requests for Personal Data in
Manchster on 11th June may assist:





http://www.actnow.org.uk/courses/60







Kind Regards









Sue B wrote (30/04/2008 12:46:05):




Dear Ibrahim


We have received a request for information concerning a third party under FOIA. Before taking a decision regarding release of the information we consulted with the third party. In response that person issued a notice under Section 10 of the Data Protection Act, the right to prevent processing likely to cause damage or distress.


Are you aware of any cases where a third party has sought damages for damage/distress because a public authority has released information under FOIA despite the existence of a Section 10 Notice (ie where the authority has taken the decision not to comply with the notice)?


Thanks in advance.







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