This section has been read by most archivists in a quite specific way,
following advice from TNA, to mean that archives deposited, but not owned,
by Archive Services are not covered by FOIA, since they remain the property
of the depositor.
On the other hand, all archives owned, or created by, the parent body are
subject to FOIA, and much attention has been paid since 2000 to listing this
material.
It remains to be seen whether the EIR will change this definition of "held".
Robert Chell
Records Manager
for general requests please use
Records Management Service
> ----------
> From: Maurice Frankel[SMTP:[log in to unmask]]
> Reply To: Maurice Frankel
> Sent: 29 April 2004 14:30
> To: [log in to unmask]
> Subject: Re: FOI definition - what is held?
>
> On 29 Apr 2004, at 11:18, Alan Carter wrote:
>
> > Especially in terms of information which is "held" by a public
> > authority but owned by someone else- eg material held on deposit
> > by a library or archive service which the depositor wishes to remain
> > confidential.
> > It seems to me that many Archive Services, for example, are a little
> > too blase about this at present.
> >
>
> There is in fact some modest explanation of "held" in section 3(2) of
> the FOI Act, which may be relevant to the question of deposited papers:
>
> "(2) For the purposes of this Act, information is held by a public
> authority if
>
> (a) it is held by the authority, otherwise than on behalf of another
> person, or
>
> (b) it is held by another person on behalf of the authority".
>
>
>
> Maurice Frankel
> Campaign for Freedom of Information
>
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