RE: DP or FOI ? by Ibrahim - written 16/05/2009 09:25:44
Hi Derek

I agree. However in respect of a) you still need to write to the applicant and let him know that you are treating it as a subject access request.

Derek O'Connor wrote (14/05/2009 09:52:20):

Hi Ibrahim, would welcome as ever your expert comment on the following.

Scenario -  a council pursues an individual for the recovery of council tax.

At a much much later point after the dust has settled, the individual requests:

a) copies of any documentation in relation to the recovery of the council tax, and

b) information regarding the various costs incurred by the council in recovering the council tax (ie costs relating to commissioning bailiffs, filing statutory demands, obtaining counsels advice).

My view is that part (a) of this request should be dealt with as a subject access request under the DPA as it will constitute 'personal data' relative to the individual, however part (b) should be dealt with under FOI as it relates to the councils costs which would not constitute 'personal data' relative to the individual.

What do you think?

Regards, Derek

 

 

 

 



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