Subject Access Requests made in 2020 – compliance, delays and DPA 2018 breaches

SJA Grove (Ataliwyd y cyfrif) made this Freedom of Information request to Aberdeen City Council

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Roedd y cais yn llwyddiannus.

SJA Grove (Ataliwyd y cyfrif)

Dear Aberdeen City Council,

Under FOISA 2002 please provide the following information recorded on your systems relating to Data Protection Act 2018 Subject Access Requests received by the council in the period 1 January 2020 to 31 December 2020 i.e. all of the year 2020.

1. The total number of Subject Access Requests that were responded to in the statutory 30 day time limit.
2. The total number of Subject Access Requests that were responded to after the statutory 30 day time limit but within three (3) months, with the delay being either a lawful exemption (under the Data Protection Act 2018) being applied or the Data Protection Act 2018 being breached.
3. The total number of Subject Access Requests that had not been responded to after the three (3) months time limit, with the delay being either a lawful exemption being applied or the Data Protection Act 2018 being breached.

Yours faithfully,

SJA Grove

Foi Enquiries, Aberdeen City Council

Thank you for your email. If you have contacted us to make a Freedom of
Information request, you can now make a request through our online portal,
which can be found at:
[1]https://www.aberdeencity.gov.uk/services...

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noreply@aberdeencity.gov.uk, Aberdeen City Council

Hello, SJA Grove,

Thank you for getting in touch with us.

You are invited to create an online self-service account. You can use
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Kind Regards,
Aberdeen City Council
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Access to Information Team, Aberdeen City Council, Aberdeen City Council

1 Atodiad

Reference: FOI-304349191
Date of request: 04/02/2021
Title of request: Subject Access Requests 2020

Dear SJA Grove,

Thank you for your completing your Freedom of Information Request.

We aim to answer all requests within 20 working days.

You will receive a response via email and an update in [1]your self-serve
account.

For information about how we handle your request please see our [2]Freedom
of Information privacy notice.

For information about your appeal rights please see [3]Freedom of
Information reviews and appeals.

Kind regards

Access to Information Team
Aberdeen City Council | Customer Development | Customer Experience |
Customer
Marischal College | Broad Street | Aberdeen | AB10 1AB
[4]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

Your personal data is very important to us. Please refer to [5]information
on why and how we use your data.

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
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virus checking procedures. Unless related to Council business, the
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necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

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Access to Information Team, Aberdeen City Council, Aberdeen City Council

Reference: FOI-304349191
Date of request: 03/02/2021
Title of request: Subject Access Requests 2020

Dear SJA Grove,

Thank you for your information request. We have completed the necessary
search for the information requested. Our response is now detailed below.

Under FOISA 2002 please provide the following information recorded on your
systems relating to Data Protection Act 2018 Subject Access Requests
received by the council in the period 1 January 2020 to 31 December 2020
i.e. all of the year 2020.

1. The total number of Subject Access Requests that were responded to in
the statutory 30 day time limit.

In the period 1 January 2020 to 31 December 2020, we responded to 150
Subject Access Requests in the statutory 30 day time limit.

2. The total number of Subject Access Requests that were responded to
after the statutory 30 day time limit but within three (3) months, with
the delay being either a lawful exemption (under the Data Protection Act
2018) being applied or the Data Protection Act 2018 being breached.

In the period 1 January 2020 to 31 December 2020, we responded to 24
Subject Access Requests after the statutory 30 day time limit but within 3
months. Of the 24, we assessed 4 requests as complex and extend the time
limit by a further two months, in line with the Data Protection Act 2018. 

20 were not identified as being “complex”. 

3. The total number of Subject Access Requests that had not been responded
to after the three (3) months time limit, with the delay being either a
lawful exemption being applied or the Data Protection Act 2018 being
breached.

In the period 1 January 2020 to 31 December 2020, we responded to 18
Subject Access Requests after the 3 month time limit. 

We handled your request for information in accordance with the provisions
of the Freedom of Information (Scotland) Act 2002.

If you are dissatisfied with the way we have handled your request or the
content of it, you are entitled to ask for an appeal. You can do this from
your [1]Aberdeen City Council self service account.

For more information on your right to review, please visit [2]Freedom of
Information Review and Appeals.

We hope this helps with your request.

Kind regards

Access to Information Team
Aberdeen City Council | Customer Development | Customer Experience |
Customer
Marischal College | Broad Street | Aberdeen | AB10 1AB
[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

Your personal data is very important to us. Please refer to [4]information
on why and how we use your data.

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

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4. https://www.aberdeencity.gov.uk/your-dat...

SJA Grove (Ataliwyd y cyfrif)

Dear Aberdeen City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Aberdeen City Council's handling of my FOI request 'Subject Access Requests made in 2020 – compliance, delays and DPA 2018 breaches'.

Aberdeen City Council are thanked for providing the information that “In the period 1 January 2020 to 31 December 2020, we responded to 18 Subject Access Requests after the 3 month time limit.”

Will Aberdeen City Council provide the number Data Protection Act 2018 Subject Access Requests that were either not responded to either after the 3 month time period (allowable for “complex” requests) or requests that have not been responded to after the statutory one month time period and which are still awaiting a decision by the council as to whether a response will be given.

If there are no such additional Subject Access Requests that have been delayed past the 3 month period then Aberdeen City Council can confirm that the 18 Subject Access Requests (submitted in the year 2020) that were delayed past 3 months account for all of the requests that were delayed past this time period.

Thank you in anticipation of this clarification.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

SJA Grove

Foi Enquiries, Aberdeen City Council

Thank you for your email. If you have contacted us to make a Freedom of
Information request, you can now make a request through our online portal,
which can be found at:
[1]https://www.aberdeencity.gov.uk/services...

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
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Foi Enquiries, Aberdeen City Council

Did you know that the quickest way to make a request for information is to
make a your request online? Please visit
[1]https://www.aberdeencity.gov.uk/services...
to make a request.

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

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Foi Enquiries, Aberdeen City Council

1 Atodiad

Dear SJA Grove,

 

Thank you for your request to review. I apologise that I have
misinterpreted your request and only provided you with information on
those subject access requests responded to, not including any requests
still outstanding.

 

There are 6 Subject Access Requests that are currently open and have
passed the 1 month time limit but not 3 months (1 of which is marked as
complex), and 12 Subject Access Requests that are currently open and have
passed the 3 month time limit.

 

For clarity, here is a full breakdown:

Number of Requests received in 2020: 211

Responded to within 1 month: 150

Responded to over 1 month but within 3: 25 (5 marked as complex)

Over 1 month and not yet responded to: 6 (1 marked as complex)

Responded to over 3 months: 18

Over 3 months and not yet responded to: 12

 

Please note, between our earlier response and your review request, we
answered 1 Subject Access Request received in 2020 that was over 1 month
and marked as complex.

 

Once again, please accept my sincere apologies for this misunderstanding
and I hope that this satisfies your request.

 

FURTHER INFORMATION

 

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at: 

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[1]www.itspublicknowledge.info 

 

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice. When applying to OSIC for a
decision you should give your name and address for correspondence. Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

 

You must also specify:

 

● which request for information your requirement for review relates to

● the reason that you asked ACC to carry out a review of your request

● the reason why you are not satisfied with ACC's review outcome decision

 

The Commissioner will contact ACC and invite its comments on your
application. Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable. You will
receive written notice of the outcome of the Commissioner’s decision. 

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Yours sincerely,

 

Grant Webster

Access to Information Officer

 

 

 

[2]ACC_Crest_for Grant Webster | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  | Broad
Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166

[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

[4]COVID-19

COVID-19

COVID-19

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

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SJA Grove (Ataliwyd y cyfrif)

Dear Foi Enquiries,

Aberdeen City Council are thanked for their comprehensive and complete response to this FOISA 2002 request and providing all of the information requested.

Yours sincerely,

SJA Grove

Foi Enquiries, Aberdeen City Council

Did you know that the quickest way to make a request for information is to
make your request online? Please visit
[1]https://www.aberdeencity.gov.uk/services...
to make a request.

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
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