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
Overview
Information rights legislation has been described in the appeal courts as being amongst the most complex laws on the UK statute books; however, it does affect all of us in some way or another. There are those who want to access information about a public authority, or personal data held about themselves by organizations. They may be concerned about the way their personal data is being handled or may want to use data about someone else to process for themselves or to share with others; they may even just be in the street and be being filmed by the town's CCTV system. Everyone is affected by the way in which companies and public authorities handle information. The following chapters will guide you through the legislation in a clear, practical way, giving a greater understanding for both requesters and practitioners in this complex subject.
A growing number of people are now involved in the implementation of the legislation, particularly in the public sector. Information rights are rapidly becoming recognized as a profession and universities are starting to provide degree courses at both honours and master's levels.
It is actually a fascinating subject, giving professionals an insight into all aspects of the organization they work for. The Acts themselves are also open to interpretation, allowing the courts and the Information Tribunal to have a wider scope in the way the legislation is interpreted.
The dangers that hide beneath the pages of the legislation are the deadlines, which are themselves statutory, but which it is often outside the control of information rights staff to meet because other departments may have difficulty in supplying data on time.
This highlights the need, within public authorities especially, for a change in culture. Gone are be the days when authorities only told people what they wanted them to know.
Excuses heard for not releasing the information include, ‘They have never had it before’, ‘What do they want that for?’, ‘What's it got to do with them?’
Problems are sometimes created by the Data Protection Act 1998 being wrongly applied for non release of information. Information rights does affect the whole of the authority and, without full commitment, can eventually result in major embarrassing or even legal consequences.
- Type
- Chapter
- Information
- Information Rights in PracticeThe non-legal professional's guide, pp. 1 - 6Publisher: FacetPrint publication year: 2008
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