data protection / freedom of information

Random

i'd like to request some information about me from a company. i've been told to apply under the data protection act or the freedom of information act.

is the freedom of information act part of the dpa?

i just want to make sure i'm quoting the right thing with my cheque for 6.35

thanks

Jev/N

It would be under the Data Protection Act I think, as the Freedom of Information generally applies to public institutions and not solely to your information

See some info here on request, at section 3

http://dataprotection.ie/ViewDoc.asp?fn=%2Fdocuments%2Ffaq%2FFAQ.htm&CatID=25&m=f

Random

i'll have a read. thanks

DaraghOBrien

Hi,

If you are looking to get a copy of the data that is held about you you will need to submit a subject access request under Section 4 of the Data Protection Act.

You'll need to provide the company with sufficient information so that they can satisfy themselves you are who you say you are (e.g. an account number and an address). A lot of organisations waive the €6.35 fee (which is the maximum you can be charged) as the cost of processing the payment is often a lot more than that and they don't have processes to deal with it. However you do need to demonstrate that you are willing to pay it, so enquire in the letter what the preferred means of payment is and leave it up to the company to advise you how to part with the cash (but be prepared to pay them if they ask for it).

Once they get your request they will have 40 days to respond to the request and what you get back should be in a format you can understand.

The company will need to respond to your request within

If you are just looking to confirm if data is being processed (i.e. you don't want a copy you just want confirmation of the processing and what type of data is being processed) then that is a Section 3 request which incurs no charge and requires a response within 21 days

DaraghOBrien

And just to be clear, the Data Protection Acts and FOI Act are different beasties which are policed in this country by two different entities.

And, when you are submitting your Subject Access Request, bear in mind that information about you held in a paper-based filing system and CCTV images of you also fall under the scope of "Personal Data" under the legislation.

El Camino

Daragh has summed it up nicely there but it's always easiest to indicate exactly what info you are actually looking for. I've heard of people making frivolous requests under the DPA just to annoy companies by requesting everyything (which you are perfectly entitled to do). IF however, you are looking for something in particular i.e. a copy of CCTV footage or a call recording it's best to indicate a date and time range to have the data retrieved in a timely manner.