ch3600c14a
02-12-00 01:17:24
c. 36
38
ACT
Unit: PAG1
Rev RA Proof, 29.11.2000
Freedom of Information Act 2000
Part VII
(3) In section 67(5) of that Act (statutory instruments subject to
negative resolution procedure), in paragraph (c), for “or 9(3)” there is
substituted “, 9(3) or 9A(5)”.
Exemptions
applicable to
certain manual
data held by
public authorities.
1998 c. 29.
70.—(1) After section 33 of the Data Protection Act 1998 there is
inserted—
“Manual data
held by public
authorities.
33A.—(1) Personal data falling within paragraph (e) of
the definition of “data” in section 1(1) are exempt from—
(a) the first, second, third, fifth, seventh and eighth
data protection principles,
(b) the sixth data protection principle except so far
as it relates to the rights conferred on data
subjects by sections 7 and 14,
(c) sections 10 to 12,
(d) section 13, except so far as it relates to damage
caused by a contravention of section 7 or of the
fourth data protection principle and to any
distress which is also suffered by reason of that
contravention,
(e) Part III, and
(f) section 55.
(2) Personal data which fall within paragraph (e) of the
definition of “data” in section 1(1) and relate to
appointments
or
removals,
pay,
discipline,
superannuation or other personnel matters, in relation
to—
(a) service in any of the armed forces of the Crown,
(b) service in any office or employment under the
Crown or under any public authority, or
(c) service in any office or employment, or under any
contract for services, in respect of which power
to take action, or to determine or approve the
action taken, in such matters is vested in Her
Majesty, any Minister of the Crown, the
National Assembly for Wales, any Northern
Ireland Minister (within the meaning of the
Freedom of Information Act 2000) or any
public authority,
are also exempt from the remaining data protection
principles and the remaining provisions of Part II.”
(2) In section 55 of that Act (unlawful obtaining etc. of personal data)
in subsection (8) after “section 28” there is inserted “or 33A”.
(3) In Part III of Schedule 8 to that Act (exemptions available after
23rd October 2001 but before 24th October 2007) after paragraph 14
there is inserted—
“14A.—(1) This paragraph applies to personal data which fall
within paragraph (e) of the definition of “data” in section 1(1) and
do not fall within paragraph 14(1)(a), but does not apply to eligible
manual data to which the exemption in paragraph 16 applies.
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