2013/8/21 Tim Green <[email protected]>:
> According to [1], GCHQ isn't subject to FOI, though David Miles has
> attempted to request [2] information on 'Mastering the Internet'
> environmental impact etc. via separate environmental information request. I
> don't know how successful his modified request for the information without a
> breakdown by program will be.

What My NSA Records appears to do is act as a way to find out what
data the NSA has on the individual asking the question. The equivalent
for GCHQ would be to ask them what data they have about me.

That data would be exempt from the FOI under section 40(1):

http://www.legislation.gov.uk/ukpga/2000/36/section/40

In theory you should be able to ask someone else to make an FOI
request for your information (since then s40(1) won't apply) to which
they attach a permission form showing that you give consent
(satisfying s40(3) etc). That way you avoid DPA subject access fees.
In theory I say. No-one I know has tried it and to make it work might
require you to be rather determined.

Unfortunately personal data processed for the purposes of national
security is exempt from subject access provisions under s28 of the
Data Protection Act 1998:

http://www.legislation.gov.uk/ukpga/1998/29/section/28

So, I am not sure there's much traction here to get anything going,
but I am happy to listen to ideas.

-- 
Francis Davey
Barrister regulated by the Bar Standards Board, Chambers Code 7279
13-19 Bevendon Street, London, N1 6AA
Tel: 020 8442 8099
DX 57451 Finsbury Park

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