ch3600c14a
02-12-00 01:17:24
ACT
Freedom of Information Act 2000
Unit: PAG1
Rev RA Proof, 29.11.2000
c. 36
37
Part VII
(6) Where section 7 of the Freedom of Information Act 2000
prevents Parts I to V of that Act from applying to certain
information held by a public authority, that information is not to be
treated for the purposes of paragraph (e) of the definition of “data”
in subsection (1) as held by a public authority.”
(4) In section 56 of that Act (prohibition of requirement as to
production of certain records), after subsection (6) there is inserted—
“(6A) A record is not a relevant record to the extent that it relates,
or is to relate, only to personal data falling within paragraph (e) of
the definition of “data” in section 1(1).”
(5) In the Table in section 71 of that Act (index of defined expressions)
after the entry relating to processing there is inserted—
“public authority
section 1(1)”.
69.—(1) In section 7(1) of the Data Protection Act 1998 (right of access Right of access to
to personal data), for “sections 8 and 9” there is substituted “sections 8, unstructured
personal data held
9 and 9A”.
(2) After section 9 of that Act there is inserted—
“Unstructured
personal data
held by public
authorities.
9A.—(1) In this section “unstructured personal data”
means any personal data falling within paragraph (e) of
the definition of “data” in section 1(1), other than
information which is recorded as part of, or with the
intention that it should form part of, any set of
information relating to individuals to the extent that the
set is structured by reference to individuals or by reference
to criteria relating to individuals.
(2) A public authority is not obliged to comply with
subsection (1) of section 7 in relation to any unstructured
personal data unless the request under that section
contains a description of the data.
(3) Even if the data are described by the data subject in
his request, a public authority is not obliged to comply
with subsection (1) of section 7 in relation to unstructured
personal data if the authority estimates that the cost of
complying with the request so far as relating to those data
would exceed the appropriate limit.
(4) Subsection (3) does not exempt the public authority
from its obligation to comply with paragraph (a) of
section 7(1) in relation to the unstructured personal data
unless the estimated cost of complying with that
paragraph alone in relation to those data would exceed
the appropriate limit.
(5) In subsections (3) and (4) “the appropriate limit”
means such amount as may be prescribed by the Secretary
of State by regulations, and different amounts may be
prescribed in relation to different cases.
(6) Any estimate for the purposes of this section must
be made in accordance with regulations under section
12(5) of the Freedom of Information Act 2000.”
by public
authorities.
1998 c. 29.
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