NMBI is subject to both sets of legislation. The FOI Acts allow for persons to seek access to their own data held by such bodies. The two sets of legislation provide an opportunity for NMBI to improve customer service and service delivery by responding to requests efficiently and transparently and to maximise the quality of the records and personal data NMBI holds.
The Act gives the public the right to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy of individuals. NMBI needs to gather and use certain information about individuals.
What the FOI and data protection acts do 2. Similarities 3. Differences 4. Third-party information 5. Make an FOI or data access request. What the FOI and data protection acts do. The process of negotiation on the draft was long and led to many changes before the directive was adopted in Throughout the negotiations, the Conservative government in the UK was hostile, arguing that there was no need for a directive at all.
As a result, UK influence is little reflected in the final text. The directive does, overall, set relatively high Data Protection standards. Indeed, one of the objectives is that it should lead to no diminution in the level of protection already provided in any existing national law.
It also establishes explicitly the link between Data Protection and personal privacy. Nevertheless, it is an unhappy mixture of broad general principles and detailed prescriptive measures, many of which reflect the domestic interests of particular member states. The UK abstained in the vote. Member states were given three years from that date to implement the directive in their domestic law. An important issue was whether the directive should be implemented by primary or secondary legislation.
Respondents to the consultation, including the Data Protection Registrar, were overwhelmingly in favour of primary legislation, largely because of their desire to have a single overall Data Protection framework and to avoid the complexities of the dual regime that would be the outcome if the existing Data Protection Act were not repealed. It is doubtful, though, that the government was convinced.
The change of government in May heralded a new approach. In July , the new Labour government published a White Paper making it clear that there would be primary legislation and placing Data Protection firmly on the government's human rights agenda.
That Bill will improve the position of citizens of this country by enabling them to rely on the wide range of civil and political rights contained in the European Convention on Human Rights. Those rights include the right to respect for private and family life.
The Data Protection Bill also concerns privacy, albeit a specific form of privacy: personal information privacy. The subject matter of the Bill is, therefore, inherently important to our general social welfare. The Act faithfully transposes the provisions of the EC directive into UK law, but does little to resolve the practical difficulties arising from some of the directive's more incongruous provisions.
Much of the detail was left to secondary legislation, which meant that no fewer than 17 Statutory Instruments were needed before commencement. These ranged from the commencement order itself to detailed regulations on notification, to name one example.
The Act eventually entered into force on 1 March Transitional arrangements limited its effect on existing processing until 24 October The main features of the Data Protection Act are:. Email: Constitution ucl. History and links. History of FOI A history of openness in Britain - a timeline Harold Wilson's first Labour government : Fulton report recommends investigation into 'ways of getting rid of unnecessary secrecy'.
Edward Heath's Conservative government : Franks review of section 2 Official Secrets Act keeps the issue on the public agenda. Margaret Thatcher's Conservative government : The Data Protection Act brings subject access rights to personal information held on computerised records. Jo hn Major's Conservative government : Environmental Information Regulations come into force, allowing access to environmental information under EU Directive. The Commons report recommended six key improvements: a purpose clause stating a clear presumption in favour of less emphasis on discretionary disclosure review of the public interest by the Information Commissioner narrow and precise exemptions a statutory duty to help requesters a duty to consult third party suppliers of information, and a right of appeal for them against disclosure Both committees rejected the draft bill's class exemption for policy advice, and the breadth of the exemption for commercial information.
In particular: there was still no clear presumption in favour of disclosure the Commissioner would not be able to override an authority's decision not to release information in the public interest there were too many class-based exemptions acting as blanket restrictions the test in harm-based exemptions should be one of substantial harm the exemptions remained too broad, in particular those for policy advice and commercial interests.
Implementation of Freedom of Information Act The Home Office plan was for implementation of the Act to be in five waves, starting in summer with central government and those public bodies already subject to the Code of Practice on Access to Government Information. June Labour's manifesto was silent on freedom of information, which is not recorded among the achievements of Blair's first term.
December The public face of freedom of information during the second half of was the preparation and approval of central and local government publication schemes under section 19 of the FoI Act. November Work on preparing for full implementation of the FoI Act intensified in the last quarter of Freedom of information in Wales In March the new First Secretary Rhodri Morgan started to publish minutes of Welsh Cabinet meetings six weeks after they were held.
The Data Protection Act The Conservative administration in the UK, concerned more with the impact that the Council of Europe Convention would have on business than with any desire to protect personal privacy, introduced a Data Protection bill in The EU Directive In , the European Commission, pursuing the single market objective and concerned that the free movement of data within the EU boundaries could be inhibited because standards of Data Protection were widely different across member states some member states having no relevant legislation at all , published a draft directive as one of six proposed measures.
The Data Protection Act An important issue was whether the directive should be implemented by primary or secondary legislation. Freedom of Information on the blog Monitor Democratic lockdown?
The Constitution Unit turns 25! Light and shadows: the RHI scandal and the temptations of secrecy 22nd January Monitor 70 — Brexit: the uncertain road ahead 12th November The election manifestos and the constitution 2nd June Please use the menu on the right to find out more about the type of information that can be requested under these Acts, the process you must follow, costs, appeals, etc. In this section you can also find out about our practice of making material available in criminal cases to which GSOC is not a party.
This is mostly for the information of legal professionals, who may follow the process described to access information of relevance to a court case.
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