Subject Access Request (SAR) - Copyright?

[JCE]

Hello - I would be very grateful for some advice - I requested information from a public body based on a Subject Access Request (SAR).

The covering letter I received together with the information contained the following disclaimer:

"Please note that the copyright in the information you have been given belongs to [the public body]. Copyright material must not be copied, distributed, modified, reproduced, transmitted, published (including published on the Internet or an intranet), or otherwise made available in whole or in part without the prior written consent of the copyright holder.

Is this legal? Does this also mean I would not be able to use the material received in a complaint procedure or legal proceedings against the public body concerned? It appears to me slightly twisted, particularly as one should assume that any information released under a subject access request is personal information and the 'data subject' should have unlimited authority to use it in any way they wish?

Many thanks for responses in advance!

[The Cosmic Connection]

Re: Subject Access Request (SAR) - Copyright?

Depends on what it is you requested under the SAR. Generally speaking, under the Copyright, Designs & Patents Act 1988 copyright material used in legal proceedings is exempt, but there are conditions attached to this. What is the information in connection with, please?

[enquirer]

Re: Subject Access Request (SAR) - Copyright?

If it were copyright, that would prevent you from complaining and sending copies to ICO. Which is of course the idea. It's legal flimflam designed to intimidate. The way they look at it, if you have submitted a SAR, then you are unlikely to be friendly.

[JCE]

Re: Subject Access Request (SAR) - Copyright?

Generally speaking, under the Copyright, Designs & Patents Act 1988 copyright material used in legal proceedings is exempt, but there are conditions attached to this

Thanks, found similar info as well - which conditions are you referring to, please?
The SAR is connection with an internal complaints procedure which has been forwarded to a mediation body (semi-public)

[JCE]

Re: Subject Access Request (SAR) - Copyright?

It's legal flimflam designed to intimidate

Thanks, that's re-assuring

[JCE]

Re: Subject Access Request (SAR) - Copyright?

It's legal flimflam designed to intimidate.

Thanks - this here confirms it nicely..

[JCE]

Re: Subject Access Request (SAR) - Copyright?

If on submits an extension to an ongoing SAR - will that normally be considered as a new SAR?

When submitting the request for additional material, the data controller accepted it in writing as an 'extension' of the existing one...

I have checked the guidance to the DPA and couldn't find anything to that effect - can anyone please fill me in regarding that?

[labman]

Re: Subject Access Request (SAR) - Copyright?

If on submits an extension to an ongoing SAR - will that normally be considered as a new SAR?

When submitting the request for additional material, the data controller accepted it in writing as an 'extension' of the existing one...

I have checked the guidance to the DPA and couldn't find anything to that effect - can anyone please fill me in regarding that?

It would not normally be submitted as an extension of an existing SAR, but as a Failure to Comply with the SAR, hence the need to request additional information / material.

[JCE]

Re: Subject Access Request (SAR) - Copyright?

It would not normally be submitted as an extension of an existing SAR, but as a Failure to Comply with the SAR, hence the need to request additional information / material.

Thanks

If the data controller fails to comply fully - seems like CC is the next point of call to get an order to make the datacontroller comply?!...

also - where does it state in the DPA, if one can expect all information up to the 40 day time limit after payment of the fee?

[charitynjw]

Re: Subject Access Request (SAR) - Copyright?

It is a request for all data, held in a relevant data system, which can identify the person making the request as a living person.

The Data Controller has 40 days to comply, or alternatively give the reason(s) why he/she cannot comply.

[labman]

Re: Subject Access Request (SAR) - Copyright?

http://www.legislation.gov.uk/ukpga/1998/29/section/7

Subsection 10

[JCE]

Re: Subject Access Request (SAR) - Copyright?

It is a request for all data, held in a relevant data system, which can identify the person making the request as a living person.

The Data Controller has 40 days to comply, or alternatively give the reason(s) why he/she cannot comply.

Thanks, I know this - the point is, what to do if the data controller has provided a major part - and there is evidence that crucial details are still missing and the data controller uses all sorts of excuses not to release these - e.g. 'emails may have been deleted by staff as they do not form part of a relevant filing system' which is nonsense, as these particular emails should have been kept in line with the organisations data retention schedule and the requirements of the limitations act.

[JCE]

Re: Subject Access Request (SAR) - Copyright?

http://www.legislation.gov.uk/ukpga/1998/29/section/7

Subsection 10

Subsection 10 does not answer if the data released under a SAR also has to cover any information/data processed by the data controller (of which one is the data subject) within the 40 day time period from the date, the data controller received the fee till the date the data controller releases the SAR data to the data subject?

[labman]

Re: Subject Access Request (SAR) - Copyright?

Subsection 10 does not answer if the data released under a SAR also has to cover any information/data processed by the data controller (of which one is the data subject) within the 40 day time period from the date, the data controller received the fee till the date the data controller releases the SAR data to the data subject?

It can't can it, if you think about it. What if they reply within 7 days to your SAR?

They can only include information up to the point at which they process the data in order to comply with your request.

[JCE]

Re: Subject Access Request (SAR) - Copyright?

It can't can it, if you think about it. What if they reply within 7 days to your SAR?

They can only include information up to the point at which they process the data in order to comply with your request.

sure, though they could still provide the data for these 7 days say as in your example.