HC Deb 25 February 2002 vol 380 cc685-6W
Matthew Taylor

To ask the Secretary of State for Defence what the Department's procedure is for responding to requests for information under the Data Protection Act 1998; if he will place a copy in the Library; and if he will make a statement. [33482]

Dr. Moonie

Subject Access Requests (SARs) can be received at any level within the Ministry of Defence. Guidance on answering SARs has been cascaded throughout the MOD and its Agencies to a comprehensive network of data protection focal points for data protection issues. Different areas will have their own procedures to ensure compliance with MOD Guidance and the Data Protection Act. Departmental Guidance is regularly reviewed and updated as we continue to evaluate and develop our procedures. A copy of the current Guidance Notes will be placed in the Library of the House.

Matthew Taylor

To ask the Secretary of State for Defence (1) what administration fees are charged by the Department for information requests made under the Data Protection Act 1998; [33461]

(2) how many responses to requests for information under the Data Protection Act 1998 the Department has completed (a) within 40 days of receipt of, (b) between 40 and 60 days of receiving and (c) over 60 days after receiving the £10 administration fee; [33563]

(3) how many responses the Department has completed to requests for information made under the Data Protection Act 1998 for (a) electronically held information and (b) paper documentation; [33575]

(4) what percentage of responses to requests for information under the Data Protection Act 1998 the Department has completed (a) within 40 days of receipt of the £10 fee, (b) between 40 and 60 days of and (c) over 60 days after receiving the administration fee; [33468]

(5) what the policy of the Department is for ensuring responses to requests for information under the Data Protection Act 1998 are completed within 40 days; and what their procedure is to achieve this; [33475]

(6) what the period of time elapsed is for the oldest outstanding request for information under the Data Protection Act 1998, since receipt of the (a) original request and (b) administration fee; [33450]

(7) what his estimate is of the average cost of processing each information request under the Data Protection Act 1998; [33440]

(8) how many responses to requests for information under the Data Protection Act 1998 have been completed (a) within 40 days, (b) between 40 and 60 days and(c) over 60 days after receiving the original letter; and how many are still outstanding; [33570]

(9) what the longest period of time elapsed is between receiving (a) the administration fee and providing the information requested and (b) a request for information and providing the information requested, under the Data Protection Act 1998; [33454]

(10) how many requests the Department has received under the Data Protection Act 1988 for (a) electronically held information and (b) paper documentation. [33582]

Dr. Moonie

The Ministry of Defence does not hold information centrally relating to the number or format of Subject Access Requests (SAR) received. Nor do we hold information centrally about the type of documentation requested. There is no requirement in the Act, or by the Information Commissioner to collate such information centrally therefore we have not set up such an arrangement.

However, Guidance on answering Subject Access Requests in compliance with the Data Protection Act 1998 has been cascaded throughout the MOD and its Agencies to a comprehensive network of nominated data protection focal points for data protection issues who monitor performance in their own area. As SARs can be received anywhere within the MOD, to collate this information would require us to contact all the different areas and assemble the information in a compatible format. Such an exercise would involve disproportionate effort. The Act provides that a data controller is not obliged to answer a SAR unless he has received a request in writing, the fee payable and sufficient information to confirm the identity of the applicant and to locate the information sought. The MOD currently does not make a charge for SAR.