PING: Data Protection Experts(ish)

[marinyork]

I know someone who is representing someone else as a lay representative in a fostering case (to cut a long story short unfortunately they have very few resources). They've been told to get hold of some information from the LA/SSD under the Data Protection Act.

An application went in two weeks ago. My understanding of it is that although there are exemptions you have the 40 days thing and you have the right to know that the application has been received and some kind of action is being taken (even if they don't grant it)? I've had a look on OPSI and it seems to vaguely confirm this but I don't really understand the exemptions. Any thoughts on this would be illuminating.

I ask because there has been no acknowledgment on the side of the LA. When trying to contact the LA and specifically asking for the data protection officers they were apparently told that everyone was sick/on holiday/busy indefinitely. Later calls resulted in even more fobbing off and even staff reveling in their own apparent ignorance and incompetence. Going higher up they were told well they might deal with it but they'd start in September but there were no guarantees and it'd just be when they were less busy.

They just want the information/response they are willing to deal with a bit of crap and idiots to get it, they understand they may have to wait for it but surely some of the stuff the LA is spouting is not only nonsense but against the law? My other question is if this obfuscation continues is there scope for complaining, to whom, and/or about the manner of it too?

Cheers.

 

[Tetedelacourse]

I know someone who is representing someone else as a lay representative in a fostering case (to cut a long story short unfortunately they have very few resources). They've been told to get hold of some information from the LA/SSD under the Data Protection Act.

An application went in two weeks ago. My understanding of it is that although there are exemptions you have the 40 days thing and you have the right to know that the application has been received and some kind of action is being taken (even if they don't grant it)? I've had a look on OPSI and it seems to vaguely confirm this but I don't really understand the exemptions. Any thoughts on this would be illuminating.

I ask because there has been no acknowledgment on the side of the LA. When trying to contact the LA and specifically asking for the data protection officers they were apparently told that everyone was sick/on holiday/busy indefinitely. Later calls resulted in even more fobbing off and even staff reveling in their own apparent ignorance and incompetence. Going higher up they were told well they might deal with it but they'd start in September but there were no guarantees and it'd just be when they were less busy.

They just want the information/response they are willing to deal with a bit of crap and idiots to get it, they understand they may have to wait for it but surely some of the stuff the LA is spouting is not only nonsense but against the law? My other question is if this obfuscation continues is there scope for complaining, to whom, and/or about the manner of it too?

Cheers.

'lo

It's the Freedom of information act you want, not the Data Protection Act. Although the latter may be used to prevent you from exercising the former.

Without knowing the exact nature of the information your pal has requested, it's hard to say which exemptions, if any, apply.

Regardless, your pal's request should have been acknowledged as part of whichever local Information Request protocol is in place. And there WILL be one, trust me!

There should be an Information Governance officer or similar. In health, there are Caldicott Guardians, can't say whether it's the same for LA though. Anyway regardless of job title, this is the person who is accountable and the person you should get in touch with.

Best of luck.

 

[Flying_Monkey]

If you request is not addressed in the time-frame or the LA are basically saying that they will not address it, you should contact the Office of the Information Commissioners http://www.ico.gov.uk/ They will be able to advise you and what action you can take (or indeed, they might take).

 

[marinyork]

Thanks. Will pass the information on. Apparently the two FOI people are on holiday and sick too. Perhaps they'll be more helpful than their co-workers when they return.

The information is about the person themselves and allegations the LA have made relating to them going back quite sometime and see whether they are fathomless bluffs or not - e mails, documentary "evidence" if it exists etc. I don't have information beyond that really but it's a legal case going to appeal and it's just wanted for a fair hearing.

 

[Tetedelacourse]

Withholding information pertaining to the person who is requesting it would place the LA on very shaky ground. Sounds like there's a shortage of knowledge on their behalf about what they're obliged to do. FOI officers on holiday! Lame to say the least. Anyone who controls personal information on a professional basis has a duty to abide by the terms of the FOI act, as I'm sure you'll know anyway. Obviously your friend would do well to evidence the responses they've been getting.

 

[Danny]

I would suggest that your friend ask for a copy of the council's policy and procedures for dealing with FOI requests, which amongst other things should state when he can expect to receive a response.

He needs to make sure he has submitted the request in the right way - which probably entails filling in a form - or the council can probably just sit on it indefinitely.

If he has submitted the request in the right way and the Council have not responded within the deadlines set out in the policy, he should consider making a formal complaint. Again he may need to get hold of the formal complaints procedure.

As well as going through the formal routes, he should try and get hold of the boss of the person who normally deals with FIA requests. Senior officers usually take direct contacts from members of the public very seriously and will go out of their way to try and get the issue resolved.

Your friend could also consider speaking to his local councillor, who can contact the right people in the Council on his behalf. Again most senior officers take approaches from councillors very seriously.

Having said all that, the Council will rightly be very sensitive about what information they release in relation to a fostering case, and will have a duty to protect the rights and privacy of the child, parents, and foster parents.