Why do the EIRs not backdate the requirement to make information available electronically to 28 January 2003 (when the Directive entered into force)?
Whatever the date, public authorities would need to plan, organize, and move over to electronic record keeping. This has been a consistent message from Government for some time. The only reasonable way of introducing an implementation date of January 2003 for this provision would have been to have had draft amending regulations in the pipeline prior to the adoption of the Directive. This was clearly neither feasible nor intended. Ministers consulted and decided to implement this Directive in January 2005, in order to harmonise with FOIA and in the interests of better regulation. The Directive does not require public authorities to make all information immediately available electronically but rather to ‘organise’ information ‘with a view to its active and systematic dissemination’ and to ensure that information ‘progressively’ becomes available electronically. Public authorities that are also public authorities under FOIA are already subject to obligations in respect of dissemination. D
Related Questions
- DIRECTIVE 2002/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment?
- If per 707 an employer does not need to have a written program then would the requirement be to only conduct the required tests as per the new directive?
- Why do the EIRs not backdate the requirement to make information available electronically to 28 January 2003 (when the Directive entered into force)?
