:: Data Protection Act toolkit

Just received this helpful missive from the Information Commissioner's Office:

Dear Mr [NAME REDACTED],

Thank you for your e-mail of 13th October. Under section 19 of the Freedom of Information Act (FOIA) it is the duty of all public authorities to adopt and maintain a publication scheme that has been approved by the Information Commissioner. Publication schemes must specify classes of information which the public authority publishes or intends to publish, specify the manner in which information of each class is, or is intended to be, published and specify whether the material is, or is intended to be, available to the public free of charge or on payment.

Transport for London was named as a public authority in Schedule 1 of the FOIA and they have had an approved publication scheme since 20th January 2003. Their scheme and the schemes of its affiliates can be found on their website here:

http://www.tfl.gov.uk/tfl/foi/downloadschemes.shtml

At present the FOIA only facilitates access information that forms part of a public authority’s publication scheme but in January 2005, when section 1 of the FOIA is implemented, you will be entitled to request any information (subject to exemptions) held by a public authority. Therefore, I suggest you look at the relevant publication scheme and see if the information you require is currently available through the scheme. If it is not, then you can make a request for it under the general right of access which will come into force in January 2005.

I hope this is helpful. Please contact me if you require further
assistance.

Yours sincerely

[NAME REDACTED]

FOI Compliance Officer.

* For a fuller explanation of subject access click here.

* For a copy of Transport forLorn's 'publication scheme' concerning the kind of records covered click here.

Here's a copy of the letter I sent to TfL:

October 20, 2004
foicoordinator@tfl.gov.uk Information Compliance
Transport for London
55 Broadway
London SW1H 0BD

XXX XXXXXXXX
XXx XXXXXXXX
XXXXXXX
XXXXX XXX XXX
XXXXXXXXXX


Dear Sir or Madam,

Please send me the ALL information, which I am entitled to under
Section 7(1) of the Data Protection 1998.

Specifically that should include:

• a description of the data;

• for what purposes the data are processed;

• the recipients or the classes of recipients to whom the data
may have been disclosed. This information should include what
sort of data are held, the purposes for which the data are
processed and the type of organisation or people to whom the
data may be disclosed;

• a copy of the information with any unintelligible terms
explained;

• any information available to the data controller about the
source of the data;

• an explanation as to how any automated decisions taken about me
have been made;

• the logic involved in any automated decisions.

If you need further information from me, or a fee, please let me know as soon as possible.

If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection
Officer or another appropriate official.

I have placed a copy of this correspondence in the mail in case you do not accept such requests in electronic form. I would appreciate acknowledgement of this request upon receipt and understand that you will respond formally within forty days. If there is any problem or delay with this request I would be grateful if you could inform me.

Sincerely,

  [NAME REDACTED].

* For a pro forma copy of the above request in .doc format please click here or on the header of this posting. By all means change the necessaries, print and send if you have ever complained to TfL and would like to find out what information they have kept about you and your complaint. I can't wait to see mine and I know it will also occupy some more of their time in the same way they usefully cost me mine! Good luck and do let me know how you go. Repeat the process as necessary for Aggriever, First or else your favourite operator.

TfL are obliged to respond within 40 days as I understand it.