What has been the effect of the Freedom of Information Act 2000 on the Data Protection Act 1998?
The FOI Act amends the DP Act but does not repeal it. Basically, the DP Act regulates the handling of personal data and grants an individual the right, subject to various qualifications and exemptions, to be told by any data controller e.g. the official receiver, whether any personal data in which that individual is the data subject is being processed and, if so, to be told what information is contained in that data. See TM Chapter 81A and CHM Part – Data Protection. x What happens when a request for information is first received? When a request for information is received, and the official receiver is not holding the information solely in his or her capacity as statutory office holder, he or she must consider whether the FOI Act or DP Act provisions should be applied, or whether both should be applied. There may be some information which is not personal data but does relate to an individual making an information request, in which case both Acts will need to be considered. The specific
The FOI Act amends the DP Act but does not repeal it. Basically, the DP Act regulates the handling of personal data and grants an individual the right, subject to various qualifications and exemptions, to be told by any ‘data controller’ e.g. the official receiver, whether any personal data in which that individual is the data subject is being processed and, if so, to be told what information is contained in that data. The DP Act also covers third party information if disclosure of that information would contravene the data protection principles (paragraph 2) or section 10 of the DP Act. This is regarding processing and the likelihood to cause distress or damage, or if the individual to whom it relates would not have a right of access to it because an exemption under the DP Act applies. 8. Who would be described as a ‘data controller’? A ‘data controller’ means a person who either alone, jointly or in common with other persons determines the purposes for which and the manner in which p
Related Questions
- How do I ask for information under the Freedom of Information (FOI) Act or submit a Subject Access Request under the Data Protection Act?
- What has been the effect of the Freedom of Information Act 2000 on the Data Protection Act 1998?
- What is the difference between the Data Protection Act and Freedom Of Information?
