The ICO’s Advice Service Lines To Take

 

These are the Information Commissioner’s Office’s “Lines to Take” documents as of 10th March 2016 giving guidance to their advice services. I’d like to say that all typos in the documents are the ICO’s but I may have introduced errors; for the definitive version, check the original response or the ICO’s update. The summary is my own and may not be a fully accurate representation of the contents.

Interesting bits:

On self-incrimination. “An organisation does not have to comply with a subject access request to the extent which compliance would reveal evidence of an offence, (other than one under the DPA), which he could be exposed to proceedings for. Information provided in response to a subject access request cannot be used against a data controller in proceedings brought under the DPA.”

On the exemption for domestic purposes. “Section 36 provides an almost total exemption from the DPA. It exempts individuals from complying with all of the principles, all individual’s rights and notification. The only part of the DPA which still applies are the powers of the ICO, meaning the ICO could still investigate whether an individual had gone beyond the scope of the exemption.” Er… surely means that the only thing the ICO can investigate is somebody’s refusal to allow the ICO to investigate?!

The guidance for MPs and Constituents Complaints Files is apparently sensitive. “Internal guidance only. Whilst this information is freely available to Members, it is not published on our internet and it is asked that you do not share it verbatim with a requester.

Title Legislation Subject area Content
192.com Standard Letter DPA Internet and Technology The division of the Electoral Roll into full and edited versions as of 2002. Objections to processing by 192.com and the general lawfulness of similar services.
1st Principle DPA – Fair and lawful DPA Other The obligations on data controllers to give certain key information to data subjects.
4th principle DPA – Accuracy of Health Records DPA Health When is a diagnosis a fact? How should disagreements over diagnoses be dealt with? How can diagnoses be challenged?
6th principle DPA – Rights of data subjects DPA Other The 6th Data Principle is only contravened if the data controller contravenes sections 7, 10, 11 or 12 of the DPA.
7th principle DPA – Destruction of personal data DPA Other Whilst the Act doesn’t specify how confidential data should be destroyed, this is up to the data controller who must take care.
7th Principle DPA – Security DPA Other The duty to take proportionate care of data, and to make sure this is continued when delegating within the controller’s own organisation and in any data processor’s organisation.
8th Principle DPA – Countries with adequacy DPA Other A list of countries that the ICO consider have adequate data protection laws such that personal data may be transferred to them under the 8th Principle
8th Principle DPA – Embassies DPA Government-central It used to be thought that our embassies abroad were our soil, but this isn’t the case. Foreign embassies on UK soil are part of the UK. The effect on the legality of transferring data is minimal if it’s an EU embassy or our embassy in a EU country, but not otherwise.
Access to Adoption Records DPA Health The specific statutory instrument that can be used to refuse access to data when disgruntled people ask for it following being turned down as potential adoptive parents.
Access to copies of a credit agreement, original signed copy, or bank statement. DPA Finance The obligation to provide copies of credit agreements, and what lenders can and can’t do whilst this is pending. The right to obtain a computer printout of transactions for the £10 fee as opposed to paying for reprints of statements.
Access to Court Records DPA Police, legal & criminal justice Where court records are available using the Court processes at a fee, then SARs fail. Otherwise, as long as the info is personal data and in a relevant filing system, SAR applies.
Access to deceased persons’ medical records DPA Health The DPA doesn’t apply to dead people. Some health records may be obtainable under other legislation.
Access to information held by schools – maintained schools DPA Education Parents / guardians may request their pupil’s records under education regulations, the school must respond with 15 days. They can only do a SAR if they act on behalf of the child and the child doesn’t have capacity. A child with capacity can make a SAR.
Access to information held by schools – non-maintained schools DPA Education Academies and Free Schools don’t have the same obligations to provide pupil information to parents, though they do have to do a yearly report and are subject to SAR.
Access to Land Registry information DPA Government – central The Land Registry give out personal data but this is in compliance with the Data Protection Act. A person can object using S10.
Access to proof of partners’ convictions / cautions by victims of domestic violence DPA Police, legal & criminal justice Victims of domestic violence need proof of partners’ police and criminal records to qualify for legal aid; this is how they get it.
Access to solicitor’s files while under a lien. DPA Police, legal & criminal justice Solicitors may withhold documents if their clients haven’t coughed up their fees; however, they must still respond to SARs.
Access to the Register of Houses of Multiple Occupancy (HMOs) under the FOIA FOI Government – Local Personal data of landlords recorded on the register can be provided in response to FOI requests, but the local authority can exempt the register via S21 as they have to make it available for inspection and copy under other legislation.
Administrative calls and direct marketing PECR Direct marketing Organisations can still contact individuals that have opted out of direct marketing, but only for administrative purposes, and mustn’t stray into promoting their services.
Appealing a DN (decision notice) FOI Government – central If the ICO have made a DN, parties can appeal to the first tier tribunal, but parties can’t go direct to the FTT without a DN.
Automatic Number Plate Recognition (ANPR) DPA CCTV & optical surveillance ANPR systems record personal data, therefore organisations using this must comply with the DPA.
Basic DPA definitions -DC, DS, DP, Personal data DPA Other Key definitions of terms under the DPA.
BBC information available under FOI FOI Other The BBC only have to provide information purposes other than those of journalism, art or literature, and that’s interpreted very widely.
Biometrics in Schools DPA Education Protection of Freedoms Act 2012 places controls on the use of biometric systems in schools.
Boarding Cards – is PD being processed? DPA Other Not unless evidence proves different.
Body Worn Video (BWV) DPA CCTV & optical surveillance Because body worn video is likely to be more intrusive, its use must be limited and there must be a privacy impact assessment.
Call Recording DPA Other Call recording – can a telephone conversation can be given out to the other person involved in the phone call.
CCTV in Classrooms DPA CCTV & optical surveillance For “Classwatch” and similar systems, schools must follow the CCTV Code of Practice and consult parents.
CCTV signage where there is a potential detriment to individuals by identifying the Data Controller DPA CCTV & optical surveillance For premises such as womens’ refuges and mental health care accommodation, where identifying the Data Controller may put people at risk, this lists what info must be put on CCTV notices.
Changes to the DPA DPA Other Check out legislation.gov.uk.
Changes to the FOIA FOI Other Check out legislation.gov.uk.
Charging for public information FOI Government – central The charging for info under FOI or EIR.
Childminders DPA registration after ceasing to trade DPA Other If childminders keep electronic records after they stop, they must still register.
CLI identification DPA Internet & Technology “we may be able to look at a concern about this under the DPA and in particular the first principle.”
Cloud Computing and the US Patriot Act DPA Internet & Technology Transferring data to America places it under the Patriot Act. Cloud data companies become data processors. If they comply with legal requirements they’re unlikely to face regulatory action.
Community CCTV schemes (access to footage) DPA CCTV & optical surveillance The housing association is the data controller; privacy impact must be considered. Potential to view disturbing video.
Companies in Administration DPA Other The administrator becomes the data controller. The ICO would struggle to take enforcement action.
Cookie Directive – New powers and obligations PECR Internet & Technology An introduction to the “new” EU cookie directive.
CQC & the National information
governance committee
FOI Health The function of this committee is simply to monitor – Not regulate.
CRA Arrangements to pay – fairness of then registering a default DPA Finance A default can legitimately be recorded when a creditor has failed to make three of their monthly payments, but they must not be worse off than somebody who hasn’t attempted to pay at all.
CRA Can I stop them from processing my personal data? DPA Finance S14 only applies where information is inaccurate or out of date; S10 only where processing “unwarranted” so creditors can’t stop firms using their personal data.
CRA Default on a credit file Vs default under the CCA DPA Finance A default notice isn’t necessary (though is advisable) for defaults to be recorded on a file as this is different from a default under the CRA.
CRA Defaults – Guidance for filing defaults DPA Finance “the absence of a formal ‘default notice’ would not prevent a default from being registered on an individual’s credit reference file”
CRA Defaults – Necessity of recording of defaults with multiple CRAs. DPA Finance Lenders can report defaults to any, none or all credit reference agencies as they see fit.
CRA Defaults – Recording of defaults relating to debts that have been sold. DPA Finance Debts are often sold. As long as the sale is correctly recorded on the credit reference file there isn’t a problem.
CRA Defaults – Showing defaults relating to unenforceable debts. DPA Finance Just because a debt isn’t enforceable doesn’t mean that it is incorrect to record defaults on a credit reference file.
CRA Do they require consent to process personal data? DPA Finance “No.”
CRA Credit searches on financial associates DPA Finance It is fair to run credit searches on financial associates, (for example, someone’s partner), but should be in T&Cs.
CRA How accounts included in a bankruptcy should be recorded DPA Finance “Default date MUST be NO LATER than the date of the Bankruptcy. Settlement date (where shown) MUST be NO LATER than the date of Discharge.”
CRA How payments on a debt management plan should be recorded DPA Finance Token payments in Debt Management Plans can be classed as a Default in some circumstances, but if the lender is genuinely recovering the debt through token payments then a default should not be recorded.
CRA None credit organisations passing information to a CRA? DPA Finance Despite not being lenders, utility companies can legitimately supply info to credit reference agencies. Some tenants may voluntarily include their rent payments on their credit files to help repair their rating.
CRA Rapid updates and P4 DPA Finance All three Credit Reference Agencies have a fast-track update facility to correct mistakes on subjects’ records. They aren’t always required to use it.
Data Controllers -Multi-national company locations DPA Direct Marketing Nations in which Facebook, Google, Acer, Apple, Amazon, Play.com, eBay, Skype and Ryanair have presences.
Data Sharing – Gloucestershire Multi Agency Risk Assessment DPA Local Government A local scheme for sharing information on domestic violence and abuse. Sharing data is probably legit.
DBS checks and filtering DPA Police, legal & criminal justice As of 2013, certain cautions and offences “expire” and aren’t reported in response to disclosure and barring scheme checks. This gives details of how these and fixed penalty notices are dealt with.
Debt collectors DPA Finance Sometimes they’re data processors, sometimes controllers. Mistaken identity concerns; Code of Practice etc.
Deceased Individuals – Information about. DPA Other The DPA doesn’t apply to dead people. FOI may be useful. There’s a separate LTT for where people write a SAR then die before the SAR response.
Devolved government – creating conditions for processing DPA Government – Central A devolved government / assembly can’t create new conditions for processing
Domestic CCTV and Section 36 DPA CCTV & optical surveillance Domestic CCTV is subject to the DPA if it takes in any areas outside the occupier’s personal domain. Very extensive guidance!
DPA Definition – “Health record” vs “Accessible record” DPA Health Esoteric info on definition of “health” and “accessible” records; the difference between the two is beyond me.
DPA Exemptions – Niche and Miscellaneous DPA Other Manual data held by public authorities S33A, Parliamentary Privilege, Armed forces, Judicial appointments and honours, Crown employment, Management Forecasting, Corporate finance, Negotiations, Self-incrimination
DPA Exemptions – Overview DPA Other A summary of DPA exemptions from obligations in SAR and non-disclosure.
DPA Exemptions – Section 28 – National Security DPA Government – central The extent of the exemption and the certificate required to engage it.
DPA Exemptions -Section 29 – Crime and taxation DPA Police, legal & criminal justice The degree of importance required for legitimate engagement of this exemption; the transfer of the exemption to other bodies etc.
DPA Exemptions – Section 30 – Health, education and social work DPA Health Exemptions where providing info under SAR would damage the requester or anybody else, or where the subject doesn’t have capacity but objects to the info being provided to their representative.
DPA Exemptions – Section 31 -Regulatory activity DPA Government-central The limitations on the exemption on “subject information provisions” where such would affect regulatory activity.
DPA Exemptions – Section 32 – Journalism, literature and art (the special purposes) DPA CCTV & optical surveillance The factors required for the exemption to engage, and the sections of the act that are exempted. “Indeed, the only circumstance where an individual can make a claim for compensation relating to distress alone, (rather than damage and distress), is where the processing is for the special purposes.”
DPA Exemptions – Section 32 – Acknowledgements in books DPA Other Section 32 (special purposes) specifically covers personal acknowledgements in a (nonfiction) book.
DPA Exemptions – Section 33 – Research, history and statistics DPA Education The conditions required to engage the exemption, and the extent of the exemption.
DPA Exemptions – Section 34 – Information made available to the public by or under enactment DPA Government – central Where a statutory organisation has to provide info under other legislation, e.g. the Companies Act, even at a fee, it’s exempt from SAR / non-disclosure requirements.
DPA Exemptions – Section 35 – Disclosures required by law or made in connection with legal proceedings DPA Police, legal & criminal justice Mandatory and discretionary waiving of non-disclosure requirements where legislation or a specific court order applies.
DPA Exemptions – Section 36 – Domestic purposes DPA Other Near total exemption except that the law still allows the ICO to investigate whether the exemption has been over-stepped. (What?!)
DPA Section 10 – Right to prevent processing DPA Other The ICO will only investigate whether the controller responded within 21 days; it won’t make any decision on whether the processing should stop or not – only the Court can do that.
DPA Section 55 – Business to business DPA Employment Standard letter saying the ICO won’t get involved in commercial disputes between businesses unless individuals have experienced substantial distress.
DPA Section 56 – Enforced Subject Access DPA Employment Under review as of May 2015. Employers can force people to do a SAR to the police because this section hasn’t been implemented. Such SARs may contain extra info than the employer could get through other statutory schemes, such as the disclosure and barring service, and this isn’t good. There’s nothing the ICO can do.
Drones / Unmanned Aerial Systems (UAS) DPA CCTV & optical surveillance When used commercially, a Privacy Impact Assessment is required.
DVLA releasing keeper details – Protection of Freedoms info only. DPA Government – central Where a car park operator’s CCTV / ANPR catches a driver infringing its T&C’s, they’ve got 14 days to get details from the DVLA and issue a notice to the owner. In general, the ICO considers that if the operator doesn’t meet this deadline, the DVLA can still give out info even after the 14 days is up, even though the debt won’t be legally recoverable.
DWP, Personal Data and JSA applications DPA Government – central The DWP is legitimately processing personal information when assessing eligibility for Jobseekers Allowance (JSA) over the phone, even though it’s a lot of data.
Elections DPA Political parties Political campaigning is marketing. They can use the unedited electoral roll. Election addresses are exempt from individuals’ right to opt out of marketing materials, as are unaddressed envelopes or letters to “the occupier”. Live telephone calls are subject to the usual telemarketing rules; parties need an individual’s prior consent before subjecting them to automated calls, emails, texts or faxes. The SNP, Tories, Lib Dems and Labour have all had ICO enforcement notices after using automated calls. What happens to personal data held by an MP following dissolution and election. Guidance for local authority and devolved government elections.
Electoral Register DPA Government – local The change to individual registration. Mandatory inclusion on the unedited register. Organisations entitled to access / use the unedited register. How to opt out. If your entry on the register puts you at risk, you can apply for “anonymous registration”.
Employer-funded pension or insurance schemes – sharing DPA Employment Employers should gather the least possible info for the scheme and not use it for any other purpose.
Employer accessing Employee’s
Facebook account
DPA Internet & Technology This isn’t fair.
Employer passing sensitive personal info to pension provider DPA Police, legal &
criminal justice
A DC will likely satisfy Schedule 2 condition 6(1) ‘legitimate interests’
Employers sharing personal data with unions DPA Employment Some employees’ info may be passed to unions for them to recruit; otherwise it must be anonymised.
Employers using CCTV- summary DPA CCTV & optical surveillance CCTV at work is intrusive. It must be used with discretion, particularly if covert. Info accidentally caught by cameras used for other things shouldn’t generally be used for disciplinary matters unless it’s such that an employer can’t ignore it. Vehicle monitoring should be minimal, particularly where a vehicle has dual business / private use.
Employers using gagging clauses relating to DPA, FOIA. DPA Employment Sometimes employers include “gagging clauses” to stop employees using their rights under the DPA and/or FOIA. These don’t stop employees using their DPA / FOIA rights, but employees may be in breach of contract if they do (and if the contract is judged legally watertight.) The ICO only gets involved when the employee has actually made a request which the employer hasn’t complied with, and then won’t make any determination as to whether the gagging clause is fair.
Employers using information posted online DPA Employment Where an employer comes across info on Facebook etc. this may feed into disciplinary investigations but its weight as hearsay should be taken into account. This doesn’t apply where employers actively monitor employees’ Facebook accounts etc.
Employment reference – Provision without consent. DPA Employment Only provide info to 3rd parties with the employee’s consent or if you’re legally required to; be careful with sickness / medical info.
Encryption of mobile devices DPA Internet & Technology This is recommended.
EIR – Charging for staff time – ‘locating, retrieving and copying data’. EIR Government – Central
Exam Marks and Scripts DPA Education Exam marks are exempt until the results are announced. SARs for such must be responded to within four months of the request or 40 days of the release of the results, whichever is sooner. Information recorded by candidates is exempt from SARs, but examiners’ comments subject to SAR.
Exemptions under FOIA / EIR and the PIT FOI Government – central Absolute and qualified exemptions; class-based and prejudice-based; timescales for public interest test.
Facebook and Psuedonyms DPA Internet & Technology Facebook’s requirement of a real name doesn’t break the DPA
FOIA / EIR FAQs – Guidance docs Index FOI Government – central
FOIA requests to Academies FOI Education All academies, by virtue of the Academies Act 2010, are subject to the Freedom of Information Act 2000.
FOIA timescales – requests to educational establishments FOI Education For schools, the standard time limit for dealing with Freedom of Information requests is 20 school days, or 60 working days if this is shorter.
FOIA/ EIR – Internal reviews under FOI Government – central Public authorities don’t have to do internal reviews under FOI, but most do. They are required to do them under EIR.
FOIA/EIR coverage – recent organisation changes FOI Government – central ACPO, UCAS, FOS, Free schools now subject to FOIA; Duchy of Cornwall under EIR but not FOIA; Royal Mail not FOIA any more; Post Office still FOIA.
Free Electoral Roll – FAQs DPA Internet & Technology “Intelligent Tracing” is broadly legit under the DPA, though causing people concern. The ICO has had discussions with them about mechanisms for people to “opt out” their data.
GDPR – ICO guidance DPA GDPR  “we are currently assessing the implications and listening to stakeholders needs”
GDPR – opinion on trainers DPA GDPR ICO don’t endorse any training provider but genning up early is a good idea.
GDPR – status as of Feb 2016 DPA GDPR Agreed Dec 2015; being proof read by April 2016; in force April 2018.
Gone away post and Telephone calls DPA Finance If you’re receiving mail or telephone calls for people who don’t live there, you can tell the organisations and they must stop, though they can’t amend their data because the info isn’t being provided by the person they are attempting to contact. But some organisations must still send letters etc. due to requirements under the Consumer Credit Act.
Google Glass DPA CCTV & optical surveillance The domestic exemption largely applies to users of Google Glass, though they’re urged to be reasonable. Business users are liable as usual. The ICO are still in talks with Google over their privacy policy.
Google Streetview DPA Internet & Technology Dated (pre-implementation) advice indicates that blurring of faces etc. means they were relatively sure Streetview will be legit under DPA.
Health and Social Care data breaches (IG Toolkit) DPA Health English data controllers must report breaches of health info using the “IG Toolkit”
Health Services and Social Care Services – Definitions/differences DPA Health The ICO considers that “health” in the Data Protection Act covers some aspects of social care.
Housing Association: list of perpetrators of domesit abuse DPA Other Whether such a list is legit or not depends on the circumstances.
ICO and The Commissioner – FAQ Other Other What the ICO does, how the IC is appointed or got rid of, its sponsoring body, its budget, etc. etc.
ICO register of data controllers. Viewing and use of. DPA Other The ICO makes the register of data controllers available by website and by DVD. It can be reused as long as not for nefarious purposes.
Identity theft – MPs guidance DPA Government – central MPs use this non-ICO guidance.
Information “held” on behalf of a PA FOI Other If a body doesn’t hold info on behalf of the authority, it isn’t held for purposes of FOI. The ability of an authority to demand the information under contractural arrangements is irrelevant.
Judicial notes DPA Police, legal & criminal justice The MOJ is the data controller, and judicial notes are part of a structured filing system.
“Legitimate interests” DPA Police, legal &
criminal justice
“In relation to Condition 6 (2) of Schedule 2, we are not aware of the Secretary of
State ever issuing an order.”
Location Data and Smartphones DPA Internet & Technology Apps etc. must ask permission before collecting location data. Location data must be turned off by default.
London Gazette bankruptcy records DPA Finance Because archives of the London Gazette is available online, records of “discharged” bankruptcies stay in the public domain. This isn’t really new; previously such would be available in libraries, and in any case some roles require that an individual has never been bankrupt.
Medical Insurance data DPA Health The fact that somebody has made a claim isn’t sensitive personal data, but the value of the claim is.
Missing person reports DPA Police, legal & criminal justice It’s OK to circulate missing persons’ report on behalf of police
MPs and Constituent’s Complaint Files DPA Political parties MPs are data controllers. There are special rules for transfer or otherwise of people’s data to “new” MPs.
MPs and Elected Representatives – Disclosures to DPA Political parties There’s legislation to allow easement of the DPA to make MP’s constituency casework easier; but there are some concerns for privacy so MPs are asked to tell the ICO if a constituent objects.
National Insurance Number as an identifier – DWP DPA Government – central The use of NI numbers in bank statements etc. is legit under the DPA.
Newsletters DPA Direct marketing If a newsletter contains even the teeniest bit of marketing it is direct marketing.
Nurses registration as data controllers DPA Health Nurses are theoretically data controllers for the 3rd party data they have for their practice reflection in revalidation, but in fact the ICO doesn’t expect them to do so.
Occupational health referrals and data sharing DPA Employment Rights and procedures when employees request medical information from an employee’s GP
Opt-Out UK Ltd DPA Direct marketing “(Background information for internal use only)” OptOut may be sending “stop processing” requests to direct marketing organisations even where the person on behalf they’re sending it isn’t on that organisation’s list. Such organisations may need to confirm the ID of the requester. They should set up a “suppression list” of people who don’t want marketing, though they aren’t legally required to.
Patient online DPA Health GPs have to offer online access to some features. This is guidance on this.
Planning Applications / Disclosures DPA Government – local The requirements to publish information under the Town and Country Act mean that the DPA largely doesn’t apply, including SAR. Where sensitive information is published unredacted, special care must be taken including making the applicant aware.
Police & Crime Commissioners FAQs ( PCC ) DPA Police, legal & criminal justice Introduction to the “new” PCCs; requirements on PCCs to publish certain data; PCCs obligations under the DPA and FOIA; and transfer or functions from defunct Police Authorities to PCCs.
Police retention of data. DPA Police, legal & criminal justice Police keep personal info for a minimum of 6 years, after which they decide whether to keep it longer; except for data on the PNC, which is kept until an individual’s 100th birthday. The PNC’s data controllers are “all forces in common”, and SARs must go to the ACPO.
Police retention periods – DNA, PoF Act and Biometrics DPA Police, legal & criminal justice Written before the Protection of Freedoms Act, describes the required deletion of DNA samples etc. post ECHR judgment. Lists various retention times for various ages of convicts / arrestees etc.
Private organisations providing services for the NHS FOI Health Private bodies providing services to the NHS aren’t subject to the FOI Act, with the exception of pharmacies and opticians. (Doesn’t mention dentists.)
Publication scheme for EIR EIR Government – central Barring certain exemptions, authorities must pro-actively publish EIR online.
Recording calls and Fair processing DPA Internet & Technology It’s not always necessary to tell people their phone calls are being recorded, unless recordings to be used for a different purpose than the original call. Some environments (e.g. call centres) mean that recording for e.g. training purposes may be assumed.
Refusal notice format / contents under FOIA/EIR DPA Government – central FOI. Details of the required content of refusal notices under FOI / EIR.
Reproduction of information from Twitter DPA Internet & Technology The context and recipients of a tweet determine whether republishing it may be “fair processing” of personal data.
Requests for a list of public authorities under EIR EIR Government – central The EIR require each state to publish a list of public authorities. DEFRA does this in the UK.
Retention P.5 DPA DPA Other The Act can’t describe retention periods for all potential circumstances, so here are some key aspects to take into account when deciding on them.
Retention and Copying of original documents DPA Employment The DPA is concerned with information, not the physical documents in which it is written. There may be circumstances where employers etc. need to confirm ID with original documents.
Section 19 (publication scheme) versus section 11 (form and format) FOI Other The fact that a document in a publication scheme is in an inconvenient format doesn’t mean the body has to provide it under S11.
S35 ‘any rule of law’ and PSNI common law power DPA Police, legal & criminal justice Section 35 ‘any rule of law’ applies to PSNI common law powers.
SAR and third party data – summary DPA Other Unless compelling reasons otherwise, the ICO encourages such disclosure. Includes factors to be considered.
SAR by a Trustee of a debtor in bankruptcy DPA Finance A trustee of a debtor in bankruptcy can request information from a mortgage advice company under Section 366 of the Insolvency Act 1986 free of charge. This is independent of SAR rights. A SAR may return extra information.
SAR Counting the 40 days to respond. (General + Schools) DPA Education SAR responses have to be sent (not received by the subject) within 40 days. This includes schools, irrespective of holidays, except for educational records which must be returned in 15 school days.
SAR fee – acceptable payment types DPA Other Data controllers can request payment via a specific mechanism but not insist on it. If the data subject has made a payment in a manner generally accepted for payment in the UK, then the SAR obligations begin.
SAR Handling repeated requests DPA Other This LTT says info sent in response to first SAR doesn’t have to be sent again in a repeat SAR (contrary to that stated in the SAR Code of Practice). Looks at time between repetitions etc. and other practicalities of dealing with repeat SARs.
SAR Health Records Fees DPA Health SAR fee for data supplied in electronic format is max £10; for manual records £50. Inspection of health records is free if they’ve been amended in the last 40 days, £10 otherwise.
SAR Information exempt as may cause harm – Education. DPA Education This exemption only applies to the specific subset of data whose release may cause harm. The ICO are likely to be swayed by medical opinions, but less so of non-medical opinions.
SAR Information exempt as may cause harm – Health. DPA Health The ID of the medical professional who must make this decision; when standing decisions can be relied upon; when representatives of people without capacity can be legit.
SAR Information exempt as may cause harm – Social work DPA Health Data Protection (Subject Access Modification) (Social Work) Order 2000 (SI2000/415)
SAR Information from joint accounts /policies. DPA Finance Each person can get all the data through SAR.
SAR Information in a different language DPA Other While good practice might suggest information be translated into English (or Welsh / Gaellic I guess) the DPA doesn’t require this as long as it is in an “intelligible form”.
SAR NHS England – CCGs and CSUs – who is the DC? DPA Health NHS England. [email protected]
SAR Using S.7 to obtain “Evidence” DPA Police, legal & criminal justice CPR disclosure doesn’t trump SAR provisions, but court may not enforce SAR rights in such circumstances.
SAR when the requestor dies during the process DPA Other As long as requester still alive when SAR received, SAR must be processed and sent to rep / executor.
Sharing Box Office or ticketing Information DPA Direct marketing When booking information is retained by theatres or venues and a travelling show company wants this info for direct marketing they usually shouldn’t be allowed it.
Shot gun licenses (certificates) and doctors’ records DPA Health The ACPO wants a “tag” on health records of shotgun owners so the GP can warn the police if the person becomes a threat. The ICO thinks this disproportionate, but notes that the letter requesting medical opinion before the license is granted can stay in the notes.
Smart Meters DPA Internet & technology Later in 2015, companies will start using smart meters that communicate via a Data Communications Company (Smart DCC Ltd). At the moment, “smart” meters communicate direct with energy and utility suppliers; this will swap over at some point. The DCC will have special licenses. This LTT gives various data protection advice on this new model.
Standard letter for EU funded projects approval under FP7 Other Other Application packs for funding under the EC’s 7th Framework Programme (research and technology) requires applicants to get permission “where appropriate” from their country’s data regulator. This standard letter says the ICO doesn’t fulfil this function.
Surveillance Camera Commissioner (SCC) Other CCTV & optical surveillance The Protection of Freedoms Act introduced the Surveillance Camera Commissioner (SCC) who must promote good practice and encourage compliance amongst ‘relevant authorities’ using surveillance cameras, and has written a Code of Practice.
TPS – Details of the Telephone Preference Service Ltd DPA Internet & technology The TPS runs its Preference Services and maintains “do not contact” lists under the Direct Marketing Association but under contract to OFCOM. The TPS also has a complaints handling procedure, though this isn’t statutory. It reports the themes of complaints to the ICO.
“Track My Crime” (MOJ) DPA Police, legal &
criminal justice
The MoJ is a data processor but RKH (the company manging [sic] the system) is the sub-processor.
Universal Jobsmatch DPA Government – Central Lots of people raised concerns about “Universal Jobsmatch” and lack of clarity about its processing of data. The DWP have now made it clearer; this is run by “Monster” for the DWP. Its use may be compulsory for some claimants.
US Surveillance, Snowden and Prism DPA Internet & Technology “There are real issues about the extent to which US law enforcement agencies can access personal data of UK and other European citizens.” The ICO is working with other EU countries on this.
Use of publicly available information DPA Internet & Technology “People search” websites are generally legit under the DPA. The ICO can look at people’s complaints about them.
Vanguards DPA Health “organisations that have been awarded funds for NHS innovation projects” may need to share data; here’s how
Vehicle Registration Marks as personal data DPA CCTV & optical surveillance When Vehicle Registration Marks are collected by ANPR for parking / speeding fines etc. they are personal data.
Win-Back Campaigns DPA Direct marketing Where people have opted out of direct marketing, companies occasionally asking if they want to come back is OK, but only as part of normal communication. “If you don’t respond we will add you to our list” is particularly bad.

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