ch3600s07a
02-12-00 01:21:20
c. 36
74
ACT
Unit: PAG2
Rev RA Proof, 29.11.2000
Freedom of Information Act 2000
Sch. 7
4. After section 33 of that Act there is inserted—
“Disclosure of
information by
Local
Commissioner to
Information
Commissioner.
33A.—(1) A Local Commissioner may disclose to the
Information Commissioner any information obtained by, or
furnished to, the Local Commissioner under or for the
purposes of this Part of this Act if the information appears to
the Local Commissioner to relate to—
(a) a matter in respect of which the Information
Commissioner could exercise any power conferred
by—
(i) Part V of the Data Protection Act 1998
(enforcement),
(ii) section 48 of the Freedom of Information
Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under—
(i) any provision of the Data Protection Act
1998 other than paragraph 12 of Schedule 9
(obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information
Act 2000 (offence of altering etc. records with intent
to prevent disclosure).
(2) Nothing in section 32(2) of this Act shall apply in relation
to the disclosure of information in accordance with this
section.”
The Health Service Commissioners
1993 c. 46.
5. At the end of section 15 of the Health Service Commissioners Act 1993
(confidentiality of information) there is inserted—
“(4) Information obtained from the Information Commissioner by
virtue of section 76 of the Freedom of Information Act 2000 shall be
treated for the purposes of subsection (1) as obtained for the purposes of
an investigation and, in relation to such information, the reference in
paragraph (a) of that subsection to the investigation shall have effect as a
reference to any investigation.”
6. After section 18 of that Act there is inserted—
“Disclosure of
information to
Information
Commissioner.
18A.—(1) The Health Service Commissioner for England or
the Health Service Commissioner for Wales may disclose to the
Information Commissioner any information obtained by, or
furnished to, the Health Service Commissioner under or for the
purposes of this Act if the information appears to the Health
Service Commissioner to relate to—
(a) a matter in respect of which the Information
Commissioner could exercise any power conferred
by—
(i) Part V of the Data Protection Act 1998
(enforcement),
(ii) section 48 of the Freedom of Information
Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under—
(i) any provision of the Data Protection Act
1998 other than paragraph 12 of Schedule 9
(obstruction of execution of warrant), or
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