Another new Off topic: DPA question

Ian Batten igb at batten.eu.org
Fri Jul 18 17:10:15 BST 2014


On 18 Jul 2014, at 16:55, jul kornbluth <jul at healthecard.co.uk> wrote:

> Thanks, makes sense, very helpful.
> 
> So as a corporate body we are not entitled to find out who has complained about us.  

Not  via DPA, no.

> 
> So when 
> The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012
> Condition to be met before the determination of an objection
> 24.  An objection may only be referred under section 88H(2) where the person or body making the objection provides their name and address to the adjudicator. 
> 
> there is no obligation on the adjudicator to advise us of the complainant. 

Obviously not:  the clause's meaning is quite clear on its face.

> Is there another route by which we can find out if not via the DPA/

It is unlikely.  Just to pre-empt your question, FoI doesn't apply, because of S.40(3)(a)(i)
(and probably other sections as well): you can't use FoI to obtain other people's
personal information unless disclosing it to you is  fair processing, which it almost
certainly is not (ie, FoI does not override the obligation of a body to process personal
information according to the data protection principals).

ian

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