Refusing requests for information or personal data
This day long course also has two half day components (which also can be delivered as separate half days). Part 1 relates to the application of a Subject Access exemption under the Data Protection Act and Part 2 relates to refusing FOI/EIR requests for information. The advantage of combining exemptions in this way allows staff of a public authority to appreciate the differences between the various exemptions in the DP/FOI/EIR regimes.
Part 1: - DP content considers procedures associated with your chosen subject access exemptions (e.g. crime and taxation, research, information required to be made public; confidential references etc).
Part 2: - FOI/EIR content: looking at all the important exemptions, chosen by the client, from a legal and procedural standpoint. These will usually be the most frequently used exemptions (e.g. confidential information, commercial prejudice), the interests they are there to protect, and any relevant public interest considerations. The Information Commissioner and Ministry of Justice guidance are considered, together with relevant Commissioner and Tribunal decisions on specific exemptions. Note: in Scotland, we deliver Part 2 of this course in the context of the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004.