Hi all,
Having recently returned from a week's holiday campaigning to get our local
MP reelected, I have spent the morning catching up on last week's
discussions. Standing outside a polling station for the best part of
thirteen hours, I found that the threat of six months in jail cooled any
enthusiasm I might have had to give voters the third degree.
The discussion about the changes introduced with the FOI also concerned me
as I have previously raised this issue with our legal section . My question
concerned the part of the FOI that altered the definition of information
covered by the DPA from information held in a relevant filing system to all
personal information held by local authorities. The advice given was that
the changes to the DPA introduced by the FOI do not apply in Scotland. This
seems to be confirmed by an extract from the preamble to the draft Scottish
FOI bill.
"In An Open Scotland the Executive proposed that all personal information
would be excluded from the Bill except personal information held manually
and not accessible under the DPA 1998. It was stated that the intention was
to provide the citizen with exactly the same rights of access to personal
information as those proposed for the rest of the United Kingdom. That is
the intention. In order to achieve this it will be necessary to extend to
information held by Scottish public authorities the effect of certain
amendments to the DPA 1998 made by the FoI Act 2000. The present intention
is that this would be done after the enactment of the Scottish FoI bill."
The question then that follows from last week's discussion is:
Can Scottish authorities benefit from the extension to renew notification in
the UK FOI, or do we have to renew before 24 October 2001?
Allan
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