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Filing cabinet with papers flying outDecisions round-up: 17 to 21 June 2013

We published one decision this week.

 

Key message:

  • Information in a file which relates to correspondence with a person will not necessarily be personal data
    Just because information is held in a file which relates to correspondence or a complaint made by an individual, it does not necessarily follow that the information in the file will be the individual's personal data. As will all other requests, the information should be considered on its merits. In Decision 109/2013, the authority mistakenly processed a request for such information under the Data Protection Act, as opposed to FOI.

 

Summary of decision:

  • Decision 109/2013 - Livingstone Terrace Residents Action Group (LTRAG) and the Scottish Public Services Ombudsman (SPSO)
    A technical decision relating to a failure to respond to a request for information in terms of the FOI Act.The SPSO considered LTRAG's request to be a subject access request under the Data Protection Act (DPA), and responded to it as such.  Following LTRAG's appeal, we concluded that the information requested in this case was not the personal data of the requester, and that the request should have been responded to under the FOI Act, rather than the DPA.

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