How does Freedom of Information fit with Data Protection?
The Data Protection Act 1998 aims to secure individuals' rights to privacy by protecting information that is held about them. Any authority that handles personal data must comply with the data protection principles which control how such data is processed. These principles include, amongst others, that personal data should be fairly and lawfully processed. Individuals have the right to ask for a description of the personal data held about them (this is called a subject access request) and to receive a copy of the information.
A request by an individual for personal information about him/herself will be handled under the Data Protection Act. If someone makes a request for information about another living individual, this will be handled under the Freedom of Information (Scotland) Act but the Council will not have to provide the information if the disclosure would breach the Data Protection principles. If the Council decides that it would want to disclose the information, then it should usually notify the individual concerned and take account of their wishes, although the Council does not have to be bound by the views of that individual.
Records Management
Good records management practices are essential for public bodies to meet their duties under the Freedom of Information (Scotland) Act. If records are easy to locate, for example, then requests can be dealt with quickly. There is no "get out" clause for information that is difficult to find. Records management is covered by a Code of Practice. The Code provides guidance on records management policies, records management training and the keeping, management and destruction of records, both paper based and electronic.
The Scottish Information Commissioner
The Act is enforced by the Scottish Information Commissioner who is a fully independent public official. His duties and legal powers ensure that people get the information from Scottish public authorities to which they are entitled. He has a number of responsibilities which include: dealing with complaints, promoting good practice to authorities, informing the public about the Act and enforcing the Act.
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