The following Public Law guidance note Produced in partnership with Kim Mayo of Essex County Council provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained.
Disclosure of personal data under freedom of information (FOI) will be exempt if that disclosure would contravene data protection principles or a notice under section 40 (3) of the Data Protection Act 1998 (DPA 1998), or if the information is exempt under DPA 1998, s 40(4) (enforcement notice). In most cases the exemption under contravention of data protection principles is used. This exemption is absolute, but the public authority needs to consider fairness.
Disclosure is permissible where the data subject has consented. However, the fact that consent has been withheld is not the end of the matter. The public authority is required to consider the fairness against each of the points raised above of disclosing the information against the refusal or silence where consent has neither been given or refused.
For data to constitute personal data, it must relate to a living individual and that individual must be identifiable. In many cases an FOI request will be clear if it relates to an individual but personal data may be engaged even if the FOI request does not refer to individuals by name, for example a job title or even if an individual will be identifiable from anonymised data.
If the personal data
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.