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Data Protection Act and Freedom of Information



Thu, 24 Nov 2005 15:06:29 -0800 soc.genealogy.britain
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GKM...
The Data Protection Act restricts what information can be
released, but the Freedom of Information seems somewhat
on the other side. I guess it would take a lawyer versed in

roy...
And why do you imagine that politicians and lawyers create laws like
the Data Protection Act and the Freedom of Information Act - two
pieces of legislation which are seemingly totally incompatible and at
opposing ends of the spectrum?

Very simple! So that lawyers (and many MPs are lawyers also)
can make buckets of money for themselves by being required to
interpret the apparent illogicalities and complexities.

Graham Hadfield...
As one with professional knowledge of both pieces of legislation - and
I'm not a lawyer so haven't made buckets of money :-) - I have to
disagree.

The original DPA in the UK (1984) was passed because of the growing
number of companies using computer systems which were happy to abuse
people's privacy. The legislation was extended to cover manual data in
1998 partly because some companies started using manual systems to get
around the original Act.

Another effect of such abuse, of course, is the increase in the number
of people with ex-directory phone numbers and membership of preference
services for mail, phones etc. If it were not for such abuse then the
legislation and such measures by individuals would not be required.

The FoIA is compatible with DPA because it encompasses DPA in that
personal data are subject to the exemptions in Section 40 - which
basically give the DPA precedence.

Both Acts appear complex at first but application of logical analysis
enables procedures to be drawn up reasonably easily to help define
when it is appropriate to store and share personal data and when it is
inappropriate - it was a failure to ensure that such procedures were
in place and used properly which led to the mistakes in the Huntley
case.


Shakespeare got it right in King Henry VI, Part II, Act 4, Scene II,
and so did Dickens in Bleak House.

Roy Stockdill

"There is only one thing in the world worse than being talked about,
and that is not being talked about."

Oscar Wilde

such matters to answer questions about all of this.

In the matter in which I am interested, the SoR (Society of
Radiographers) told me that a Mary Lacey qualified in the
UK as a radiographer in 1950, but refused to give any other
information. Is the SoC prevented from giving a few more
facts such as where she qualified, what other initials she may
have, and what her exact age was when she qualified. Any
or all would be helpful!

Charles Ellson...
ITYF the FOI Act only concerns information held by agencies of
government (local or national) and other public bodies but not to what
appears to be a private association.


Charani...
The Data Protection Act prevents any personal information being given
out to third parties, AIUI. What you are asking for is personal
information. They will not give this information.

As you've been told: about the only way to get in touch is to send a
*short* letter to Mary Lacey in an unsealed envelope to the SoR with a
brief covering letter asking them to forward the letter on. Either
you will get a reply from Ms Lacey, assuming she's still alive, or you
won't.

At that point it's the end of the line, and you'll have to accept that
either she doesn't want to contact you or that she's no longer alive
so is unable to contact you.

GKM
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