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In force since 2026-10-08, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) Information is exempt information if its disclosure under this Act would, or would be likely to— (a) endanger the physical or mental health of any individual, or (b) endanger the safety of any individual. (2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, have either of the effects mentioned in subsection (1).
Propose a change(1) Information is exempt information if the public authority holding it— (a) is obliged by environmental information regulations to make the information available to the public in accordance with the regulations, or (b) would be so obliged but for any exemption contained in the regulations. (1A) In subsection (1) “ environmental information regulations ” means— (a) regulations made under section 74, or (b) regulations made under section 2(2) of the European Communities Act 1972 for the purpose of implementing any EU obligation relating to public access to, and the dissemination of, information on the environment. (2) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1). (3) Subsection (1)(a) does not limit the generality of section 21(1).
Propose a change(1) Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject. (2) Any information to which a request for information relates is also exempt information if— (a) it constitutes personal data which does not fall within subsection (1), and (b) the first, second or third condition below is satisfied. (3A) The first condition is that the disclosure of the information to a member of the public otherwise than under this Act— (a) would contravene any of the data protection principles, or (b) would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded. (3B) The second condition is that the disclosure of the information to a member of the public otherwise than under this Act would contravene Article 21 of the UK GDPR (general processing: right to object to processing). (4A) The third condition is that— (a) on a request under Article 15(1) of the UK GDPR (general processing: right of access by the data subject) for access to personal data, the information would be withheld in reliance on provision made by or under section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act 2018, or (b) on a request under section 45(1)(b) of that Act (law enforcement processing: right of access by the data subject), the information would be withheld in reliance on section 45(4) or 78A of that Act. (5A) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1). (5B) The duty to confirm or deny does not arise in relation to other information if or to the extent that any of the following applies— (a) giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a)— (i) would (apart from this Act) contravene any of the data protection principles, or (ii) would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded; (b) giving a member of the public the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) contravene Article 21 of the UK GDPR (general processing: right to object to processing); (c) on a request under Article 15(1) of the UK GDPR (general processing: right of access by the data subject) for confirmation of whether personal data is being processed, the information would be withheld in reliance on a provision listed in subsection (4A)(a); (d) on a request under section 45(1)(a) of the Data Protection Act 2018 (law enforcement processing: right of access by the data subject), the information would be withheld in reliance on section 45(4) or 78A of that Act. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section— “the data protection principles” means the principles set out in— Article 5(1) of the UK GDPR, and section 34(1) of the Data Protection Act 2018; “data subject” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act); ... “personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act); “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act). (8) In determining for the purposes of this section whether the lawfulness principle in Article 5(1)(a) of the UK GDPR would be contravened by the disclosure of information, Article 6(1) of the UK GDPR (lawfulness) is to be read as if the second sub-paragraph (disapplying the legitimate interests gateways in relation to public authorities) disapplied only the gateway in point (ea) (recognised legitimate interests).
Propose a change(1) Information is exempt information if— (a) it was obtained by the public authority from any other person (including another public authority), and (b) the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person. (2) The duty to confirm or deny does not arise if, or to the extent that, the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) constitute an actionable breach of confidence.
Propose a change(1) Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings is exempt information. (2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would involve the disclosure of any information (whether or not already recorded) in respect of which such a claim could be maintained in legal proceedings.
Propose a change(1) Information is exempt information if it constitutes a trade secret. (2) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it). (3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice the interests mentioned in subsection (2).
Propose a change(1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it— (a) is prohibited by or under any enactment, (b) is incompatible with any assimilated obligation, or (c) would constitute or be punishable as a contempt of court. (2) The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1).
Propose a change(1) The Minister for the Cabinet Office shall issue, and may from time to time revise, a code of practice providing guidance to public authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the discharge of the authorities’ functions under Part I. (2) The code of practice must, in particular, include provision relating to— (a) the provision of advice and assistance by public authorities to persons who propose to make, or have made, requests for information to them, (b) the transfer of requests by one public authority to another public authority by which the information requested is or may be held, (c) consultation with persons to whom the information requested relates or persons whose interests are likely to be affected by the disclosure of information, (d) the inclusion in contracts entered into by public authorities of terms relating to the disclosure of information, (da) the disclosure by public authorities of datasets held by them, and (e) the provision by public authorities of procedures for dealing with complaints about the handling by them of requests for information. (2A) Provision of the kind mentioned in subsection (2)(da) may, in particular, include provision relating to— (a) the giving of permission for datasets to be re-used, (b) the disclosure of datasets in an electronic form which is capable of re-use, (c) the making of datasets available for re-use in accordance with the terms of a licence, (d) other matters relating to the making of datasets available for re-use, (e) standards applicable to public authorities in connection with the disclosure of datasets. (3) Any code under this section may make different provision for different public authorities. (4) Before issuing or revising any code under this section, the Minister for the Cabinet Office shall consult the Commission. (5) The Minister for the Cabinet Office shall lay before each House of Parliament any code or revised code made under this section.
Propose a change(1) The Secretary of State shall issue, and may from time to time revise, a code of practice providing guidance to relevant authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the keeping, management and destruction of their records. (2) For the purpose of facilitating the performance by the Public Record Office, the Public Record Office of Northern Ireland and other public authorities of their functions under this Act in relation to records which are public records for the purposes of the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923, the code may also include guidance as to— (a) the practice to be adopted in relation to the transfer of records under section 3(4) of the Public Records Act 1958 or section 3 of the Public Records Act (Northern Ireland) 1923, and (b) the practice of reviewing records before they are transferred under those provisions. (3) In exercising his functions under this section, the Secretary of State shall have regard to the public interest in allowing public access to information held by relevant authorities. (4) The code may make different provision for different relevant authorities. (5) Before issuing or revising any code under this section the Secretary of State shall consult— (a) the Minister for the Cabinet Office, (b) the Commission, and (c) in relation to Northern Ireland, the appropriate Northern Ireland Minister. (6) The Secretary of State shall lay before each House of Parliament any code or revised code made under this section. (7) In this section “relevant authority” means— (a) any public authority, and (b) any office or body which is not a public authority but whose administrative and departmental records are public records for the purposes of the Public Records Act 1958 or the Public Records Act (Northern Ireland) 1923.
Propose a change(1) It shall be the duty of the Commission to promote the following of good practice by public authorities and, in particular, so to perform its functions under this Act as to promote the observance by public authorities of— (a) the requirements of this Act, and (b) the provisions of the codes of practice under sections 45 and 46. (2) The Commission shall arrange for the dissemination in such form and manner as the Commission considers appropriate of such information as it may appear to the Commission expedient to give to the public— (a) about the operation of this Act, (b) about good practice, and (c) about other matters within the scope of the Commission’s functions under this Act, and may give advice to any person as to any of those matters. (3) The Commission may, with the consent of any public authority, assess whether that authority is following good practice. (4) The Commission may charge such sums as it may ... determine for any relevant services provided by the Commission under this section. (4A) In subsection (4) “relevant services” means— (a) the provision to the same person of more than one copy of any published material where each of the copies of the material is either provided on paper, a portable disk which stores the material electronically or a similar medium, (b) the provision of training, or (c) the provision of conferences. (4B) The Minister for the Cabinet Office may by order amend subsection (4A). (4C) An order under subsection (4B) may include such transitional or saving provision as the Minister for the Cabinet Office considers appropriate. (4D) The Minister for the Cabinet Office must consult the Commission before making an order under subsection (4B). (5) The Commission shall from time to time as the Commission considers appropriate— (a) consult the Keeper of Public Records about the promotion by the Commission of the observance by public authorities of the provisions of the code of practice under section 46 in relation to records which are public records for the purposes of the Public Records Act 1958, and (b) consult the Deputy Keeper of the Records of Northern Ireland about the promotion by the Commission of the observance by public authorities of those provisions in relation to records which are public records for the purposes of the Public Records Act (Northern Ireland) 1923. (6) In this section “good practice”, in relation to a public authority, means such practice in the discharge of its functions under this Act as appears to the Commission to be desirable, and includes (but is not limited to) compliance with the requirements of this Act and the provisions of the codes of practice under sections 45 and 46.
Propose a change(1) If it appears to the Commission that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with that proposed in the codes of practice under sections 45 and 46, the Commission may give to the authority a recommendation (in this section referred to as a “practice recommendation”) specifying the steps which ought in the Commission’s opinion to be taken for promoting such conformity. (2) A practice recommendation must be given in writing and must refer to the particular provisions of the code of practice with which, in the Commission’s opinion, the public authority’s practice does not conform. (3) Before giving to a public authority other than the Public Record Office a practice recommendation which relates to conformity with the code of practice under section 46 in respect of records which are public records for the purposes of the Public Records Act 1958, the Commission shall consult the Keeper of Public Records. (4) Before giving to a public authority other than the Public Record Office of Northern Ireland a practice recommendation which relates to conformity with the code of practice under section 46 in respect of records which are public records for the purposes of the Public Records Act (Northern Ireland) 1923, the Commission shall consult the Deputy Keeper of the Records of Northern Ireland.
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Propose a change(1) Any person (in this section referred to as “the complainant”) may apply to the Commission for a decision whether, in any specified respect, a request for information made by the complainant to a public authority has been dealt with in accordance with the requirements of Part I. (2) On receiving an application under this section, the Commission shall make a decision unless it appears to the Commission— (a) that the complainant has not exhausted any complaints procedure which is provided by the public authority in conformity with the code of practice under section 45, (b) that there has been undue delay in making the application, (c) that the application is frivolous or vexatious, or (d) that the application has been withdrawn or abandoned. (3) Where the Commission has received an application under this section, the Commission shall either— (a) notify the complainant that it has not made any decision under this section as a result of the application and of the grounds for not doing so, or (b) serve notice of its decision (in this Act referred to as a “decision notice”) on the complainant and the public authority. (4) Where the Commission decides that a public authority— (a) has failed to communicate information, or to provide confirmation or denial, in a case where it is required to do so by section 1(1), or (b) has failed to comply with any of the requirements of sections 11 and 17, the decision notice must specify the steps which must be taken by the authority for complying with that requirement and the period within which they must be taken. (5) A decision notice must contain particulars of the right of appeal conferred by section 57. (6) Where a decision notice requires steps to be taken by the public authority within a specified period, the time specified in the notice must not expire before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, no step which is affected by the appeal need be taken pending the determination or withdrawal of the appeal. (7) This section has effect subject to section 53.
Propose a change(1) If the Commission— (a) has received an application under section 50, or (b) reasonably requires any information— (i) for the purpose of determining whether a public authority has complied or is complying with any of the requirements of Part I, or (ii) for the purpose of determining whether the practice of a public authority in relation to the exercise of its functions under this Act conforms with that proposed in the codes of practice under sections 45 and 46, the Commission may serve the authority with a notice (in this Act referred to as “an information notice”) requiring it, within such time as is specified in the notice, to furnish the Commission, in such form as may be so specified, with such information relating to the application, to compliance with Part I or to conformity with the code of practice as is so specified. (2) An information notice must contain— (a) in a case falling within subsection (1)(a), a statement that the Commission has received an application under section 50, or (b) in a case falling within subsection (1)(b), a statement— (i) that the Commission regards the specified information as relevant for either of the purposes referred to in subsection (1)(b), and (ii) of the reasons for regarding that information as relevant for that purpose. (3) An information notice must also contain particulars of the right of appeal conferred by section 57. (4) The time specified in an information notice must not expire before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the information need not be furnished pending the determination or withdrawal of the appeal. (5) An authority shall not be required by virtue of this section to furnish the Commission with any information in respect of— (a) any communication between a professional legal adviser and his client in connection with the giving of legal advice to the client with respect to his obligations, liabilities or rights under this Act, or (b) any communication between a professional legal adviser and his client, or between such an adviser or his client and any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including proceedings before the Tribunal) and for the purposes of such proceedings. (6) In subsection (5) references to the client of a professional legal adviser include references to any person representing such a client. (7) The Commission may cancel an information notice by written notice to the authority on which it was served. (8) In this section “information” includes unrecorded information.
Propose a change(1) If the Commission is satisfied that a public authority has failed to comply with any of the requirements of Part I, the Commission may serve the authority with a notice (in this Act referred to as “an enforcement notice”) requiring the authority to take, within such time as may be specified in the notice, such steps as may be so specified for complying with those requirements. (2) An enforcement notice must contain— (a) a statement of the requirement or requirements of Part I with which the Commission is satisfied that the public authority has failed to comply and the reasons for reaching that conclusion, and (b) particulars of the right of appeal conferred by section 57. (3) An enforcement notice must not require any of the provisions of the notice to be complied with before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the notice need not be complied with pending the determination or withdrawal of the appeal. (4) The Commission may cancel an enforcement notice by written notice to the authority on which it was served. (5) This section has effect subject to section 53.
Propose a change(1) This section applies to a decision notice or enforcement notice which— (a) is served on— (i) a government department, (ii) the Welsh Assembly Government, or (iii) any public authority designated for the purposes of this section by an order made by the Minister for the Cabinet Office, and (b) relates to a failure, in respect of one or more requests for information— (i) to comply with section 1(1)(a) in respect of information which falls within any provision of Part II stating that the duty to confirm or deny does not arise, or (ii) to comply with section 1(1)(b) in respect of exempt information. (2) A decision notice or enforcement notice to which this section applies shall cease to have effect if, not later than the twentieth working day following the effective date, the accountable person in relation to that authority gives the Commission a certificate signed by him stating that he has on reasonable grounds formed the opinion that, in respect of the request or requests concerned, there was no failure falling within subsection (1)(b). (3) Where the accountable person gives a certificate to the Commission under subsection (2) he shall as soon as practicable thereafter lay a copy of the certificate before— (a) each House of Parliament, (b) the Northern Ireland Assembly, in any case where the certificate relates to a decision notice or enforcement notice which has been served on a Northern Ireland department or any Northern Ireland public authority, or (c) the National Assembly for Wales, in any case where the certificate relates to a decision notice or enforcement notice which has been served on— (i) the Welsh Assembly Government, (ii) the National Assembly for Wales, or (iii) any Welsh public authority. (4) In subsection (2) “the effective date”, in relation to a decision notice or enforcement notice, means— (a) the day on which the notice was given to the public authority, or (b) where an appeal under section 57 is brought, the day on which that appeal (or any further appeal arising out of it) is determined or withdrawn. (5) Before making an order under subsection (1)(a)(iii), the Minister for the Cabinet Office shall— (a) if the order relates to a Welsh public authority, consult the Welsh Ministers, (aa) if the order relates to the National Assembly for Wales, consult the Presiding Officer of that Assembly, (b) if the order relates to the Northern Ireland Assembly, consult the Presiding Officer of that Assembly, and (c) if the order relates to a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland. (6) Where the accountable person gives a certificate to the Commission under subsection (2) in relation to a decision notice, the accountable person shall, on doing so or as soon as reasonably practicable after doing so, inform the person who is the complainant for the purposes of section 50 of the reasons for his opinion. (7) The accountable person is not obliged to provide information under subsection (6) if, or to the extent that, compliance with that subsection would involve the disclosure of exempt information. (8) In this section “the accountable person”— (a) in relation to a Northern Ireland department or any Northern Ireland public authority, means the First Minister and deputy First Minister in Northern Ireland acting jointly, (b) in relation the Welsh Assembly Government, the National Assembly for Wales or any Welsh public authority, means the First Minister for Wales, and (c) in relation to any other public authority, means— (i) a Minister of the Crown who is a member of the Cabinet, or (ii) the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland. (9) In this section “working day” has the same meaning as in section 10.
Propose a change(1) If a public authority has failed to comply with— (a) so much of a decision notice as requires steps to be taken, (b) an information notice, or (c) an enforcement notice, the Commission may certify in writing to the court that the public authority has failed to comply with that notice. (2) For the purposes of this section, a public authority which, in purported compliance with an information notice— (a) makes a statement which it knows to be false in a material respect, or (b) recklessly makes a statement which is false in a material respect, is to be taken to have failed to comply with the notice. (3) Where a failure to comply is certified under subsection (1), the court may inquire into the matter and, after hearing any witness who may be produced against or on behalf of the public authority, and after hearing any statement that may be offered in defence, deal with the authority as if it had committed a contempt of court. (4) In this section “the court” means the High Court or, in Scotland, the Court of Session.
Propose a changeSchedule 3 (powers of entry and inspection) has effect.
Propose a change(1) This Act does not confer any right of action in civil proceedings in respect of any failure to comply with any duty imposed by or under this Act. (2) Subsection (1) does not affect the powers of the Commission under section 54.
Propose a change(1) Where a decision notice has been served, the complainant or the public authority may appeal to the Tribunal against the notice. (2) A public authority on which an information notice or an enforcement notice has been served by the Commission may appeal to the Tribunal against the notice. (3) In relation to a decision notice or enforcement notice which relates— (a) to information to which section 66 applies, and (b) to a matter which by virtue of subsection (3) or (4) of that section falls to be determined by the responsible authority instead of the appropriate records authority, subsections (1) and (2) shall have effect as if the reference to the public authority were a reference to the public authority or the responsible authority.
Propose a change(1) If on an appeal under section 57 the Tribunal considers— (a) that the notice against which the appeal is brought is not in accordance with the law, or (b) to the extent that the notice involved an exercise of discretion by the Commission, that the Commission ought to have exercised its discretion differently, the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commission; and in any other case the Tribunal shall dismiss the appeal. (2) On such an appeal, the Tribunal may review any finding of fact on which the notice in question was based.
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Propose a change(1) Where a certificate under section 23(2) or 24(3) has been issued— (a) the Commission, or (b) any applicant whose request for information is affected by the issue of the certificate, may appeal to the Tribunal against the certificate. (2) If on an appeal under subsection (1) relating to a certificate under section 23(2), the Tribunal finds that the information referred to in the certificate was not exempt information by virtue of section 23(1), the Tribunal may allow the appeal and quash the certificate. (3) If on an appeal under subsection (1) relating to a certificate under section 24(3), the Tribunal finds that, applying the principles applied by the court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may allow the appeal and quash the certificate. (4) Where in any proceedings under this Act it is claimed by a public authority that a certificate under section 24(3) which identifies the information to which it applies by means of a general description applies to particular information, any other party to the proceedings may appeal to the Tribunal on the ground that the certificate does not apply to the information in question and, subject to any determination under subsection (5), the certificate shall be conclusively presumed so to apply. (5) On any appeal under subsection (4), the Tribunal may determine that the certificate does not so apply.
Propose a change(1) Tribunal Procedure Rules may make provision for regulating the exercise of rights of appeal conferred by sections 57(1) and (2) and 60(1) and (4). (2) In relation to appeals under those provisions, Tribunal Procedure Rules may make provision about— (a) securing the production of material used for the processing of personal data, and (b) the inspection, examination, operation and testing of equipment or material used in connection with the processing of personal data. (3) Subsection (4) applies where— (a) a person does something, or fails to do something, in relation to proceedings before the First-tier Tribunal on an appeal under those provisions, and (b) if those proceedings were proceedings before a court having power to commit for contempt, the act or omission would constitute contempt of court. (4) The First-tier Tribunal may certify the offence to the Upper Tribunal. (5) Where an offence is certified under subsection (4), the Upper Tribunal may— (a) inquire into the matter, and (b) deal with the person charged with the offence in any manner in which it could deal with the person if the offence had been committed in relation to the Upper Tribunal. (6) Before exercising the power under subsection (5)(b), the Upper Tribunal must— (a) hear any witness who may be produced against or on behalf of the person charged with the offence, and (b) hear any statement that may be offered in defence. (7) In this section, “personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act).
Propose a change(1) For the purposes of this Part, a record becomes a “historical record” at the end of the period of twenty years beginning with the year following that in which it was created. (2) Where records created at different dates are for administrative purposes kept together in one file or other assembly, all the records in that file or other assembly are to be treated for the purposes of this Part as having been created when the latest of those records was created. (2A) Until the end of the period of 10 years beginning with the commencement of paragraph 4 of Schedule 7 to the Constitutional Reform and Governance Act 2010, subsection (1) has effect subject to any order made under section 46(2) of that Act. (3) In this Part “year” means a calendar year.
Propose a change(1) Information contained in a historical record cannot be exempt information by virtue of section ... 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43 or 42. (2) Compliance with section 1(1)(a) in relation to a historical record is not to be taken to be capable of having any of the effects referred to in section ... 33(3), or 42(2). (2A) Information contained in a historical record cannot be exempt information by virtue of section 36 except— (a) in a case falling within subsection (2)(a)(ii) of that section, or (b) in a case falling within subsection (2)(c) of that section where the prejudice or likely prejudice relates to the effective conduct of public affairs in Northern Ireland. (2B) Compliance with section 1(1)(a) in relation to a historical record is not to be taken to have any of the effects referred to in subsection (3) of section 36, except where the effect— (a) falls within subsection (2)(a)(ii) of that section, or (b) falls within subsection (2)(c) of that section and relates to the effective conduct of public affairs in Northern Ireland. (2C) Information cannot be exempt information— (a) by virtue of section 28 or 43, or (b) by virtue of section 36 in the excepted cases mentioned in subsection (2A), after the end of the period of thirty years beginning with the year following that in which the record containing the information was created. (2D) Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of thirty years beginning with the year following that in which the record was created, to be capable— (a) of prejudicing any of the matters referred to in section 28(1) or 43(2), or (b) of having any of the effects referred to in section 36(3) in the excepted cases mentioned in subsection (2B). (2E) Information cannot be exempt information by virtue of any of paragraphs (a) to (ad) of section 37(1) after whichever is the later of— (a) the end of the period of five years beginning with the date of the relevant death, and (b) the end of the period of twenty years beginning with the date on which the record containing the information was created. (2F) In subsection (2E)(a) “ the relevant death ” means— (a) for the purposes of any of paragraphs (a) to (ac) of section 37(1), the death of the person referred to in the paragraph concerned, or (b) for the purposes of section 37(1)(ad), the death of the Sovereign reigning when the record containing the information was created. (3) Information cannot be exempt information by virtue of section 37(1)(b) after the end of the period of sixty years beginning with the year following that in which the record containing the information was created. (4) Information cannot be exempt information by virtue of section 31 after the end of the period of one hundred years beginning with the year following that in which the record containing the information was created. (5) Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of one hundred years beginning with the year following that in which the record was created, to be capable of prejudicing any of the matters referred to in section 31(1).
Propose a change(1) Information contained in a historical record in the Public Record Office or the Public Record Office of Northern Ireland cannot be exempt information by virtue of section 21 or 22. (2) In relation to any information falling within section 23(1) which is contained in a historical record in the Public Record Office or the Public Record Office of Northern Ireland, section 2(3) shall have effect with the omission of the reference to section 23.
Propose a change(1) Before refusing a request for information relating to information which is contained in a historical record and is exempt information only by virtue of a provision not specified in section 2(3), a public authority shall— (a) if the historical record is a public record within the meaning of the Public Records Act 1958, consult the Secretary of State, or (b) if the historical record is a public record to which the Public Records Act (Northern Ireland) 1923 applies, consult the appropriate Northern Ireland Minister. (2) This section does not apply to information to which section 66 applies.
Propose a change(1) This section applies to any information which is (or, if it existed, would be) contained in a transferred public record, other than information which the responsible authority has designated as open information for the purposes of this section. (2) Before determining whether— (a) information to which this section applies falls within any provision of Part II relating to the duty to confirm or deny, or (b) information to which this section applies is exempt information, the appropriate records authority shall consult the responsible authority. (3) Where information to which this section applies falls within a provision of Part II relating to the duty to confirm or deny but does not fall within any of the provisions of that Part relating to that duty which 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. (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 Secretary of State, 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.
Propose a changeSchedule 5 (which amends the Public Records Act 1958 and the Public Records Act (Northern Ireland) 1923) has effect.
Propose a change(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. (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). .
Propose a change(1) In section 7(1) of the Data Protection Act 1998 (right of access to personal data), for “sections 8 and 9” there is substituted “ sections 8, 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. (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) ”.
Propose a change(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. (2) During the second transitional period, data to which this paragraph applies are exempt from— (a) the fourth data protection principle, and (b) section 14(1) to (3). (4) In Schedule 13 to that Act (modifications of Act having effect before 24th October 2007) in subsection (4)(b) of section 12A to that Act as set out in paragraph 1, after “paragraph 14” there is inserted “ or 14A ”.
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Propose a changeIn section 34 of the Data Protection Act 1998 (information available to the public by or under enactment), after the word “enactment” there is inserted “ other than an enactment contained in the Freedom of Information Act 2000 ”.
Propose a changeSchedule 6 (which contains further amendments of the Data Protection Act 1998) has effect.
Propose a change(1) In this section “the Aarhus Convention” means the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters signed at Aarhus on 25th June 1998. (2) For the purposes of this section “the information provisions” of the Aarhus Convention are Article 4, together with Articles 3 and 9 so far as relating to that Article. (3) The Secretary of State may by regulations make such provision as he considers appropriate— (a) for the purpose of implementing the information provisions of the Aarhus Convention or any amendment of those provisions made in accordance with Article 14 of the Convention, and (b) for the purpose of dealing with matters arising out of or related to the implementation of those provisions or of any such amendment. (4) Regulations under subsection (3) may in particular— (a) enable charges to be made for making information available in accordance with the regulations, (b) provide that any obligation imposed by the regulations in relation to the disclosure of information is to have effect notwithstanding any enactment or rule of law, (c) make provision for the issue by the Secretary of State of a code of practice, (d) provide for sections 47 and 48 to apply in relation to such a code with such modifications as may be specified, (e) provide for any of the provisions of Parts IV and V to apply, with such modifications as may be specified in the regulations, in relation to compliance with any requirement of the regulations, and (f) contain such transitional or consequential provision (including provision modifying any enactment) as the Secretary of State considers appropriate. (5) This section has effect subject to section 80.
Propose a change(1) If, with respect to any enactment which prohibits the disclosure of information held by a public authority, it appears to the Secretary of State or the Minister for the Cabinet Office that by virtue of section 44(1)(a) the enactment is capable of preventing the disclosure of information under section 1, he may by order repeal or amend the enactment for the purpose of removing or relaxing the prohibition. (2) In subsection (1)— “enactment” means— any enactment contained in an Act passed before or in the same Session as this Act, or any enactment contained in Northern Ireland legislation or subordinate legislation passed or made before the passing of this Act; “information” includes unrecorded information. (3) An order under this section may do all or any of the following— (a) make such modifications of enactments as, in the opinion of the Secretary of State or the Minister for the Cabinet Office, are consequential upon, or incidental to, the amendment or repeal of the enactment containing the prohibition; (b) contain such transitional provisions and savings as appear to the Secretary of State or the Minister for the Cabinet Office to be appropriate; (c) make different provision for different cases.
Propose a change(1) The Commission may disclose to a person specified in the first column of the Table below any information obtained by, or furnished to, the Commission under or for the purposes of this Act or the data protection legislation if it appears to the Commission that the information relates to a matter which could be the subject of an investigation by that person under the enactment specified in relation to that person in the second column of that Table. TABLE Ombudsman | Enactment The Parliamentary Commissioner for Administration. | The Parliamentary Commissioner Act 1967 (c. 13). The Health Service Commissioner for England. | The Health Service Commissioners Act 1993 (c. 46). ... | ... ... | ... A Local Commissioner as defined by section 23(3) of the Local Government Act 1974. The Scottish Public Services Ombudsman | Part III or Part 3A of the Local Government Act 1974 (c. 7). The Scottish Public Services Ombudsman | The Scottish Public Services Ombudsman Act 2002 (asp 11) ... | ... ... | ... The Public Services Ombudsman for Wales | Part 2 of the Public Services Ombudsman (Wales) Act 2005 or Part 3 of the Public Services Ombudsman (Wales) Act 2019 ... | ... The Northern Ireland Commissioner for Complaints. | The Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I. 7)). The Assembly Ombudsman for Northern Ireland. | The Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I. 8)). The Commissioner for Older People in Wales | The Commissioner for Older People (Wales) Act 2006 (2) Schedule 7 (which contains amendments relating to information disclosed to ombudsmen under subsection (1) and to the disclosure of information by ombudsmen to the Commissioner) has effect.
Propose a changeThe Commission may disclose to the Scottish Information Commissioner any information obtained or furnished as mentioned in section 76(1) of this Act if it appears to the Commission that the information is of the same type that could be obtained by, or furnished to, the Scottish Information Commissioner under or for the purposes of the Freedom of Information (Scotland) Act 2002.
Propose a change