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SectionF.5
SectionF.5

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At line 8 changed 2 lines
!!F.5.1 [The Data Protection Act (1998)|http://www.legislation.gov.uk/ukpga/1998/29]
[The Data Protection Act (HMSO 1998)|http://www.legislation.gov.uk/ukpga/1998/29] is concerned with both manual and automated personal data. All automated data must already be compliant as must manual data added to existing systems since October 1998. Manual data processed before October 1998 is, however, exempt until 2007. 'Personal' data is defined as data relating to a living individual who can be identified from those data or by a combination of those data and other information held by the 'data controller' for example the local authority.
!!F.5.1 [The Data Protection Act (1998)|Bibliography#Data Protection Act 1998|target='_blank']
[The Data Protection Act (HMSO 1998)|Bibliography#Data Protection Act 1998|target='_blank'] is concerned with both manual and automated personal data. All automated data must already be compliant as must manual data added to existing systems since October 1998. Manual data processed before October 1998 is, however, exempt until 2007. 'Personal' data is defined as data relating to a living individual who can be identified from those data or by a combination of those data and other information held by the 'data controller' for example the local authority.
At line 23 changed one line
!Implications for HERs of the Data Protection Act
!Implications for HERs of the [Data Protection Act|Bibliography#Data Protection Act 1998|target='_blank']
At line 35 changed 2 lines
!!F.5.2 [The Freedom of Information Act (2000)|http://www.legislation.gov.uk/ukpga/2000/36], [The Freedom of Information (Scotland) Act 2002|http://www.legislation.gov.uk/asp/2002/13]
The Freedom of Information Acts (The Stationery Office [2000|http://www.legislation.gov.uk/ukpga/2000/36] and [2002|http://www.legislation.gov.uk/asp/2002/13]) provide a general right of access to all types of information held by public authorities whilst permitting a number of exemptions from that right. They came fully into force on 1st January 2005.
!!F.5.2 [The Freedom of Information Act (2000)|Bibliography#Freedom of Information Act 2000|target='_blank'], [The Freedom of Information (Scotland) Act 2002|Bibliography#Freedom of Information (Scotland) Act 2002|target='_blank']
The Freedom of Information Acts (The Stationery Office [2000|Bibliography#Freedom of Information Act 2000|target='_blank'] and [2002|Bibliography#Freedom of Information (Scotland) Act 2002|target='_blank']) provide a general right of access to all types of information held by public authorities whilst permitting a number of exemptions from that right. They came fully into force on 1st January 2005.
At line 46 changed one line
In addition to the exemptions, a Freedom of Information Act request does not have to be complied with if insufficient information is passed to the authority, if the enquirer has not paid the required fee, if the enquiry is vexatious or if the information has already been supplied. Moreover, if the supplying of the information requested would contravene the DPA, then it must not be complied with. The Data Protection Act takes precedence over the Freedom of Information Act.
In addition to the exemptions, a Freedom of Information Act request does not have to be complied with if insufficient information is passed to the authority, if the enquirer has not paid the required fee, if the enquiry is vexatious or if the information has already been supplied. Moreover, if the supplying of the information requested would contravene the DPA, then it must not be complied with. The [Data Protection Act|Bibliography#Data Protection Act 1998|target='_blank'] takes precedence over the Freedom of Information Act.
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!!F.5.3 [The Environmental Information Regulations (2004)|http://www.legislation.gov.uk/uksi/2004/3391/made], [The Environmental Information (Scotland) Regulations 2004|http://www.legislation.gov.uk/ssi/2004/520/made]
Any request for environmental information held by a public authority or a body carrying out a public function is technically a Freedom of Information Act request in the first instance. Section 39 of the Freedom of Information Act then exempts environmental information from being dealt with under the Freedom of Information Act and stipulates that it should be dealt with under the Environmental Information Regulations 2004. (The Stationery Office [2004a|http://www.legislation.gov.uk/uksi/2004/3391/made] and [2004b|http://www.legislation.gov.uk/ssi/2004/520/made]).
!!F.5.3 [The Environmental Information Regulations (2004)|Bibliography#Environmental Information Regulations 2004|target='_blank'], [The Environmental Information (Scotland) Regulations 2004|Bibliography#Environmental Information (Scotland) Regulations 2004|target='_blank']
Any request for environmental information held by a public authority or a body carrying out a public function is technically a Freedom of Information Act request in the first instance. Section 39 of the Freedom of Information Act then exempts environmental information from being dealt with under the Freedom of Information Act and stipulates that it should be dealt with under the Environmental Information Regulations 2004. (The Stationery Office [2004a|Bibliography#Environmental Information Regulations 2004|target='_blank'] and [2004b|Bibliography#Environmental Information (Scotland) Regulations 2004|target='_blank']).
This page (revision-8) was last changed on 17-Nov-2014 12:15 by Sarah MacLean Top