Q&As

A request has been made for personal data under the Freedom of Information Act 2000 (FIA 2000), that has been rejected pursuant to FIA 2000, s 40; however principle 6 of the Data Protection Act 1998 (DPA 1998) says a data subject is entitled to their own personal data. Which Act has priority over the other? Does FIA 2000, s 40 also mean that the information cannot be provided pursuant to the DPA 1998?

read titleRead full title
Produced in partnership with Ashley Roughton of Ipchambers.eu
Published on LexisPSL on 18/04/2016

The following Local Government Q&A Produced in partnership with Ashley Roughton of Ipchambers.eu provides comprehensive and up to date legal information covering:

  • A request has been made for personal data under the Freedom of Information Act 2000 (FIA 2000), that has been rejected pursuant to FIA 2000, s 40; however principle 6 of the Data Protection Act 1998 (DPA 1998) says a data subject is entitled to their own personal data. Which Act has priority over the other? Does FIA 2000, s 40 also mean that the information cannot be provided pursuant to the DPA 1998?

The Freedom of Information Act 2000 (FIA 2000) and Data Protection Act 1998 (DPA 1998) operate separately, except when it comes to this problem.

In FIA 2000 there are a number of exemptions. The effect of the exemptions is to exempt the type, nature or existence of that information from being disclosed under FIA 2000. In this case the relevant exemption is to be found in FIA 2000, s 40 specifically FIA 2000, ss 40(1) and 40(5)(a). If the information in question is personal data and the data subject makes an application for disclosure under FIA 2000 then the exemption is absolute. This means that the receiving authority will not be obliged to comply with th

Related documents:

Popular documents