Which takes precedence the Data Protection Act or the FOI Act?
There will usually be no conflict between the two Acts. There is a specific exemption for personal information within the FOIA. (i) If you receive a request for information wholly covered by the Data Protection Act then you should pass the request on to the RM Office (who is responsible for coordinating the University’s response to the DPA). (ii) If you receive a request for material that is partly covered by the Data Protection Act then you should pass that part of the request to the RM Office and satisfy the rest of the request in the usual manner. (iii) If you are unsure about how to go about handling the request contact the RM Office. Do not contact the requester directly with a refusal to release information citing the Data Protection Act as the reason. Refusals to release information should be channelled through the RM Office (this is a complicated area and applicants need to be informed of rights of appeal etc).
