ch3600c14a
02-12-00 01:17:23
c. 36
36
ACT
Unit: PAG1
Rev RA Proof, 29.11.2000
Freedom of Information Act 2000
Part VI
are specified in subsection (3) of section 2, any question as to the
application of subsection (1)(b) of that section is to be determined by the
responsible authority instead of the appropriate records authority.
(4) Where any information to which this section applies is exempt
information only by virtue of any provision of Part II not specified in
subsection (3) of section 2, any question as to the application of
subsection (2)(b) of that section is to be determined by the responsible
authority instead of the appropriate records authority.
1958 c. 51.
1923 c. 20 (N.I.).
(5) Before making by virtue of subsection (3) or (4) any determination
that subsection (1)(b) or (2)(b) of section 2 applies, the responsible
authority shall consult—
(a) where the transferred public record is a public record within the
meaning of the Public Records Act 1958, the Lord
Chancellor, and
(b) where the transferred public record is a public record to which
the Public Records Act (Northern Ireland) 1923 applies, the
appropriate Northern Ireland Minister.
(6) Where the responsible authority in relation to information to
which this section applies is not (apart from this subsection) a public
authority, it shall be treated as being a public authority for the purposes
of Parts III, IV and V of this Act so far as relating to—
(a) the duty imposed by section 15(3), and
(b) the imposition of any requirement to furnish information
relating to compliance with Part I in connection with the
information to which this section applies.
Amendments of
public records
legislation.
67. Schedule 5 (which amends the Public Records Act 1958 and the
Public Records Act (Northern Ireland) 1923) has effect.
Part VII
Amendments of Data Protection Act 1998
Amendments relating to personal information held by public authorities
Extension of
meaning of
“data”.
1998 c. 29.
68.—(1) Section 1 of the Data Protection Act 1998 (basic interpretative
provisions) is amended in accordance with subsections (2) and (3).
(2) In subsection (1)—
(a) in the definition of “data”, the word “or” at the end of paragraph
(c) is omitted and after paragraph (d) there is inserted “or
(e) is recorded information held by a public authority
and does not fall within any of paragraphs (a) to (d);”,
and
(b) after the definition of “processing” there is inserted—
““public authority” has the same meaning as in the Freedom of
Information Act 2000;”.
(3) After subsection (4) there is inserted—
“(5) In paragraph (e) of the definition of “data” in subsection (1),
the reference to information “held” by a public authority shall be
construed in accordance with section 3(2) of the Freedom of
Information Act 2000.
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