Some separate amendments to the DPA to cover Scotland have actually
been made.
The FOI Act amendments to the DPA apply in part to personal data held
by a public authority. These defined "public authority" as an
authority subject to the UK FOI Act (the Scottish FOI Act was not in
existence when the UK Act was passed). On this basis there would have
been no right of access to unstructured personal data held by a
Scottish public authority.
This was rectified by the The Freedom of Information (Scotland) Act
2002 (Consequential Modifications) Order 2004 which extended the DPA
definition of public authority to authorities subject to the FOI
(Scotland) Act.
Maurice Frankel
Campaign for Freedom of Information
On 6 Feb 2005, at 17:25, Stuart Lynch wrote:
> As the DP Act applies across the whole UK (including Scotland) the
> changes
> made to the DP Act by the FOI Act cover the whole of the UK, so there
> was no
> need to repeat the changes in the Scottish Act.
>
> Stuart Lynch
> Stuart Lynch Consulting Ltd
> 01704 870365
> 07709 400236
> mailto:[log in to unmask]
> www.stuartlynchconsult.com
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]]On Behalf Of Les Kingstone
> Sent: 04 February 2005 15:41
> To: Stuart Lynch Consulting
> Subject: FoI Query
>
>
> As a matter of interest, the FoI in England & Wales changes DPA 1998.
> As
> this is in just the English & Welsh legislation would that mean that as
> there is no such clauses (that I can find) in the Scottish Bill, that
> the
> changes would only apply to England & Wales???
>
> Les
>
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