Held on behalf: Difference between revisions
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== Information "held on behalf" of a public authority == | == Information "held on behalf" of a public authority == | ||
Section 3(2)(b) of FOIA states "For the purposes of this Act, information is held by a public authority if ... '''it is held by another person on behalf of the authority'''" [ | Section 3(2)(b) of FOIA states "For the purposes of this Act, information is held by a public authority if ... '''it is held by another person on behalf of the authority'''" [http://www.opsi.gov.uk/acts/acts2000/plain/ukpga_20000036_en#pt1-pb1-l1g3] | ||
There is a relevant ICO guidance note [ | There is a relevant ICO guidance note[http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_12_info_caught_by_foi_act.pdf] which gives the example of research material being held by another. | ||
This ICO decision notice [ | This ICO decision notice ([http://www.ico.gov.uk/upload/documents/decisionnotices/2007/decision_notice_fs50118044.pdf FS50118044, Leeds City Council]) is particularly relevant, where market research response data held by a private company was deemed to be held by the 3rd party on behalf of the public authority, and the Information Commissioner partly upheld the Section 3(2)(b) appeal. | ||
There have been a few cases at the Information Tribunal where Section 3(2)(b) was considered: | There have also been a few cases at the Information Tribunal where Section 3(2)(b) was considered: | ||
*[http://informationtribunal.gov.uk/Documents/decisions/BFrancis_v_ICO_SEssex_NHS_0091_Decision_21Jul08.pdf EA/2007/0091 Ms B Francis v IC (Additional Party: South Essex Partnership Foundation NHS Trust)] | *[http://informationtribunal.gov.uk/Documents/decisions/BFrancis_v_ICO_SEssex_NHS_0091_Decision_21Jul08.pdf EA/2007/0091 Ms B Francis v IC (Additional Party: South Essex Partnership Foundation NHS Trust)] | ||
*[http://www.informationtribunal.gov.uk/Documents/decisions/BrookAreaResidentsShopkeepersvsICO0077websitedecision.pdf EA/2006/0010 Peter Quinn v IC (Additional Party: Home Office)] | *[http://www.informationtribunal.gov.uk/Documents/decisions/BrookAreaResidentsShopkeepersvsICO0077websitedecision.pdf EA/2006/0010 Peter Quinn v IC (Additional Party: Home Office)] | ||
*[http://www.informationtribunal.gov.uk/DBFiles/Decision/i304/Dudley%20v%20IC%20(EA-2008-0089)%20Decision%2020-04-09.pdf EA/2008/0089 Dr Nigel Dudley v IC (National Audit Office)] | *[http://www.informationtribunal.gov.uk/DBFiles/Decision/i304/Dudley%20v%20IC%20(EA-2008-0089)%20Decision%2020-04-09.pdf EA/2008/0089 Dr Nigel Dudley v IC (National Audit Office)] | ||
Latest revision as of 20:36, 25 April 2010
Information "held on behalf" of a public authority
Section 3(2)(b) of FOIA states "For the purposes of this Act, information is held by a public authority if ... it is held by another person on behalf of the authority" [1]
There is a relevant ICO guidance note[2] which gives the example of research material being held by another.
This ICO decision notice (FS50118044, Leeds City Council) is particularly relevant, where market research response data held by a private company was deemed to be held by the 3rd party on behalf of the public authority, and the Information Commissioner partly upheld the Section 3(2)(b) appeal.
There have also been a few cases at the Information Tribunal where Section 3(2)(b) was considered:
