It seems to me that the disclosure to the public of what might be termed "private" information such as that in a paper personnel file might be in breach of Article 8 (right to respect for private and family life) of the Human Rights Act.
If that is right, disclosure under FOI could be refused under Section 43(1)(a) and (b) - prohibitions on disclosure.
HRA applies irrespective of DPA and it may provide a solution to this particular problem.
David Bownes
Data Protection and Security Officer, Sheffield City Council, Chief Executive's Directorate, Corporate Finance, PO Box 1283, Sheffield S1 1UJ. 0114 2736891
-----Original Message-----
From: Watson, Patrick [mailto:[log in to unmask]]
Sent: 07 September 2004 10:56
To: [log in to unmask]
Subject: Interaction between DPA and FOI
Can colleagues help me to clarify some issues relating to the
interaction between data protection and FOI. Many manual files
including
personnel files do not meet the Court of Appeal (Durant) definition of a
relevant filing system and are therefore not disclosable under the
subject
access provisions of the DPA. If a file is not considered to be
personal
data then what access is there to this file by the data subject through
FOI?
Thanks
Patrick
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