Book contents
- Frontmatter
- Contents
- Acknowledgements
- Table of statutes and case law
- Abbreviations
- 1 Introduction
- 2 Data Protection Act 1998
- 3 Definitions of personal data
- 4 The scope of the Data Protection Act
- 5 The data protection principles
- 6 Access to personal data
- 7 Data sharing
- 8 The Freedom of Information Act 2000 and Environmental Information Regulations 2004, SI 2004/3391
- 9 Scope of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
- 10 Application of exemptions and exceptions
- 11 The public interest test
- 12 Publication schemes
- 13 Compliance, the Information Commissioner and the Information Tribunal
- 14 Disclosure logs
- 15 Records management – Section 46 code of practice
- 16 Other legislation
- 17 Interaction of the legislation
- 18 Summary
- Appendix 1 Data protection principles
- Appendix 2 Flow chart of FOI
- Appendix 3 Exemptions and exceptions under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
- Appendix 4 Bibliography and useful web addresses
- Appendix 5 Published standards for records management
- Index
- Frontmatter
- Contents
- Acknowledgements
- Table of statutes and case law
- Abbreviations
- 1 Introduction
- 2 Data Protection Act 1998
- 3 Definitions of personal data
- 4 The scope of the Data Protection Act
- 5 The data protection principles
- 6 Access to personal data
- 7 Data sharing
- 8 The Freedom of Information Act 2000 and Environmental Information Regulations 2004, SI 2004/3391
- 9 Scope of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
- 10 Application of exemptions and exceptions
- 11 The public interest test
- 12 Publication schemes
- 13 Compliance, the Information Commissioner and the Information Tribunal
- 14 Disclosure logs
- 15 Records management – Section 46 code of practice
- 16 Other legislation
- 17 Interaction of the legislation
- 18 Summary
- Appendix 1 Data protection principles
- Appendix 2 Flow chart of FOI
- Appendix 3 Exemptions and exceptions under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
- Appendix 4 Bibliography and useful web addresses
- Appendix 5 Published standards for records management
- Index
Summary
Introduction
The various elements of information rights legislation have a big impact on the life of the individual and on those working in the public sector. Although the Data Protection Act also affects those outside the public sector there are certain parts that are unique to the public sector, especially those amended by the Freedom of Information Act.
The introduction of the various items of legislation means a culture change for any public sector authority. No longer is information just for their own use; it can also be shared, in the interests of greater understanding and accountability, with the public. Stories are frequently heard in the media where information has been obtained under the Freedom of Information Act; and the Data Protection Act is the one most frequently downloaded from the OPSI website. There is growing awareness (sometimes incorrect), of the legislation, some people thinking that everything an organization holds is available to them on request and that anything that might remotely mention them comes under data protection.
The appendices will remind you of the principles, the exemptions and exceptions, and list some useful documents to help authorities provide an effective and efficient service to the public. The rest of this chapter will highlight some of the most important points to be aware of.
Data Protection Act 1998
This is possibly the most complex piece of legislation on the statute books, and if there are a few key points to be remembered, they are:
■ The eight data protection principles (Schedule 1 of the Data Protection Act and listed in Appendix 1 of this book) must always be applied to any work involving personal data.
■ Organizations should make sure there are effective systems in place to handle requests for personal information and that all staff are aware of them.
■ Organizations must always remember to tell the Information Commissioner if they are processing new data, or the same data for a different purpose.
■ Individuals must be told if data is held about them, why it is being held and to whom it is being passed on.
■ Personal information must be kept secure.
■ Staff should be made aware of their obligations under the Act
■ Checks should be made to ensure data can be handled lawfully.
■ A named senior officer with responsibility for data protection is required in an organization.
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- Information Rights in PracticeThe non-legal professional's guide, pp. 185 - 190Publisher: FacetPrint publication year: 2008