Subject Access policies and procedures
Dear Northamptonshire County Council,
Please provide a copy of all of your internal policies, guidance and procedures that staff and/or data controllers must follow when handling, responding to or any performing other action relating to relating to Subject Access Requests made under the Data Protection Act.
This should include, but is not limited to, "Policy and guidance on Access to Records" for Health and Social Care (as a pointer, you can see bedfordshire county councils version of this document here http://www.bedfordshire.gov.uk/Resources...). Please ensure to include your version of this document in your response.
Please indicate in your response provided if any of the documentation requested has been modified, created or changed in any way since June 1st 2014.
If the requested documents have changed, I require you to include all versions of the documentation that have been in force in both 2013 and 2014.
Yours faithfully,
Richard Newton
Dear Northamptonshire County Council,
I apologies for the mistake in the FOI request I have just sent. Please be advised the paragraph as follows ;
"Please provide a copy of all of your internal policies, guidance
and procedures that staff and/or data controllers must follow when
handling, responding to or any performing other action relating to
relating to Subject Access Requests made under the Data Protection
Act."
Should read
"Please provide a copy of all of your internal policies, guidance
and procedures that staff and/or data controllers must follow when
handling, responding to and/or performing any other action relating to
Subject Access Requests made under the Data Protection
Act.
"
Yours faithfully,
Richard Newton
I am writing to acknowledge your request for information dated 8th October 2014.
Our team is dealing with your request and we will be in contact with you soon. If you have any queries about this email.
Kind regards
Gillian Hollowell
Senior Freedom of Information/Data Protection Officer
Business Intelligence and Performance Improvement
Northamptonshire County Council
Room 223
County Hall
Northampton NN1 1ED
Tel: 01604 367407
Fax: 01604 367004
[email address]
www.northamptonshire.gov.uk
Dear Mr Newton
NCC has a centralised team who deal with Subject Access Requests for the
general public on behalf of NCC body corporate. The team concerned would
refer to the Data protection Act 1998 and specifically in line with the
sixth
data protection principle that says you must process personal data in
accordance with the rights that the Data Protection Act gives to
individuals.
In line with the guidance issued by the ICO in particular the Subject
Access
code of practice.
Information on this process can be found here using the url to navigate to
their website.
http://ico.org.uk/~/media/documents/libr...
Information on our web site can be found via the url below.
http://www.northamptonshire.gov.uk/en/co...
Kind regards
Gillian Hollowell
Senior Freedom of Information/Data Protection Officer
Business Intelligence and Performance Improvement
Northamptonshire County Council
Room 223
County Hall
Northampton NN1 1ED
Tel: 01604 367407
Fax: 01604 367004
[1][email address]
[2]www.northamptonshire.gov.uk
[3]NEW Wordle alternative
Dear Northamptonshire County Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Northamptonshire County Council's handling of my FOI request 'Subject Access policies and procedures'.
Thank you for your reply. I would like this FOI request to be reviewed. Is Northamptonshire County Council stating that it has issued no internal policies and procedures to which its social services dept and/or data controller must follow when responding to Data Protection Act subject access requests? I find that very difficult to believe considering every other county council has them.
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,
Richard Newton
Dear Mr Newton
Thank you for your request for a review of FR5217 (4) dated 6th^th
November 2014. Your request has been dealt with under the Freedom of
Information Act 2000 and is detailed below in italics with our response in
bold.
Relevant issues
· A request for information dated 8^th October 2014 @ 18:51
outside of business hours; was deemed to be received by the FOI/DP team on
Thursday 9^th October 2014, this fell within the scope of FOIA 2000 and
was duly acknowledged, logged and allocated the FR5172 (4) reference
number. A responded to this request was sent to you on 6^th November 2014
@ 16:01.
· We are required under the scope of this review to determine if
our response was given within the mandatory timescale of the Act 2000.
· We are required to consider whether NCC responded to all
questions asked with “held and recorded information” to the requester
within the time frames.
· If we relied on any exemptions we must set this out in the
letter in an explanatory manner.
Our response
o Dates of relevant response. Noted.
o Timeliness of our response. I am satisfied this requirement was met.
o Adequacy of response. I am satisfied this requirement was met.
However, it may have been of more assistance to you had we
additionally informed you that we do not have a centralised record to
enable us to ascertain if internal guidance has been issued. We can
say that this team have not and will not be providing any policy or
guidance on the handling of subject access requests, the majority of
which are handled centrally by the DPA/FOI team who refer to source
legislation being the DPA 1998 itself, reverting to the legal team for
any issues. As part of the Leaving Care Team for younger adults there
is a mechanism by which a young person leaving care can obtain their
records from the Leaving Care Team directly and our team do not deal
with these on behalf of NCC.
o Relevant exemptions. Not relevant as no exemptions were relied upon.
If our internal review does not resolve the issue to your complete
satisfaction, you have the right to apply to the information Commissioner
for a decision at the following address:
Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Penny Osborne (Reviewing Officer)
Business Intelligence and Performance Improvement
Email – [1][email address]
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
References
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1. mailto:[email address]
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