Freedom of Information/EIR and the interface with Data Protection
This day long course looks at the law and procedures when an EIR or FOI request involves personal data that relate to another data subject (i.e. other than the applicant).
It covers an introduction to Data Protection Act 1998 (DPA), with emphasis on categories of data covered, introducing category (e) data, what is personal data, the data protection principles, and who is liable. Effect of FOIA on personal privacy, and a detailed analysis of s.40 exemption for personal data and of Regulation 13 of the EIRs. Using the data protection principles to apply the exemption to third party data, and considering the Information Commissioner Guidance and Decision Notices in relation to these exemptions.
We can also deliver this course in the context of S.38 of the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004.