EIR 12(3): Difference between revisions

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== What the law says ==
== What the law says ==


tbc
Regulation 12.
:(3) To the extent that the information requested includes personal data of which the applicant is not the data subject, the personal data shall not be disclosed otherwise than in accordance with regulation 13.
 
Regulation 13.
:(1) To the extent that the information requested includes personal data of which the applicant is not the data subject and as respects which either the first or second condition below is satisfied, a public authority shall not disclose the personal data.
:(2) The first condition is -
::(a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of "data" in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under these Regulations would contravene -
:::(i) any of the data protection principles; or
:::(ii) section 10 of that Act (right to prevent processing likely to cause damage or distress) and in all the circumstances of the case, the public interest in not disclosing the information outweighs the public interest in disclosing it; and
::(b) in any other case, that the disclosure of the information to a member of the public otherwise than under these Regulations would contravene any of the data protection principles if the exemptions in section 33A(1) of the Data Protection Act 1998 (which relate to manual data held by public authorities) were disregarded.
:(3) The second condition is that by virtue of any provision of Part IV of the Data Protection Act 1998 the information is exempt from section 7(1) of that Act and, in all the circumstances of the case, the public interest in not disclosing the information outweighs the public interest in disclosing it.
:(4) In determining whether anything done before 24th October 2007 would contravene any of the data protection principles, the exemptions in Part III of Schedule 8 to the Data Protection Act 1998 shall be disregarded.
:(5) For the purposes of this regulation a public authority may respond to a request by neither confirming nor denying whether such information exists and is held by the public authority, whether or not it holds such information, to the extent that -
::(a) the giving to a member of the public of the confirmation or denial would contravene any of the data protection principles or section 10 of the Data Protection Act 1998 or would do so if the exemptions in section 33A(1) of that Act were disregarded; or
::(b) by virtue of any provision of Part IV of the Data Protection Act 1998, the information is exempt from section 7(1)(a) of that Act.


== Official guidance ==
== Official guidance ==

Revision as of 12:12, 5 May 2010

EIR 12(3) - personal data

summary tbc

What the law says

Regulation 12.

(3) To the extent that the information requested includes personal data of which the applicant is not the data subject, the personal data shall not be disclosed otherwise than in accordance with regulation 13.

Regulation 13.

(1) To the extent that the information requested includes personal data of which the applicant is not the data subject and as respects which either the first or second condition below is satisfied, a public authority shall not disclose the personal data.
(2) The first condition is -
(a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of "data" in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under these Regulations would contravene -
(i) any of the data protection principles; or
(ii) section 10 of that Act (right to prevent processing likely to cause damage or distress) and in all the circumstances of the case, the public interest in not disclosing the information outweighs the public interest in disclosing it; and
(b) in any other case, that the disclosure of the information to a member of the public otherwise than under these Regulations would contravene any of the data protection principles if the exemptions in section 33A(1) of the Data Protection Act 1998 (which relate to manual data held by public authorities) were disregarded.
(3) The second condition is that by virtue of any provision of Part IV of the Data Protection Act 1998 the information is exempt from section 7(1) of that Act and, in all the circumstances of the case, the public interest in not disclosing the information outweighs the public interest in disclosing it.
(4) In determining whether anything done before 24th October 2007 would contravene any of the data protection principles, the exemptions in Part III of Schedule 8 to the Data Protection Act 1998 shall be disregarded.
(5) For the purposes of this regulation a public authority may respond to a request by neither confirming nor denying whether such information exists and is held by the public authority, whether or not it holds such information, to the extent that -
(a) the giving to a member of the public of the confirmation or denial would contravene any of the data protection principles or section 10 of the Data Protection Act 1998 or would do so if the exemptions in section 33A(1) of that Act were disregarded; or
(b) by virtue of any provision of Part IV of the Data Protection Act 1998, the information is exempt from section 7(1)(a) of that Act.

Official guidance

tbc

ICO Decision Notices

Complaints upheld / partly upheld (P) Complaints not upheld
  • FER0256967 - Mid Suffolk District Council - 18/01/2010
  • FS50176219 - Surrey Heath Borough Council - 23/12/2009
  • FER0137609 - Veterinary Medicines Directorate - 10/12/2009
  • FS50198525 - Tandridge District Council - 03/12/2009
  • FER0184525(P) - Department of Energy & Climate Change - 03/11/2009
  • FS50195062 - Department for Transport - 05/10/2009
  • FER0178071 - Brighton and Hove City Council - 24/09/2009
  • FER0187769 - Brighton and Hove City Council - 24/09/2009
  • FS50207670 - West Sussex County Council - 20/08/2009
  • FER0184376 - University of Salford - 08/12/2008
  • FER0112249 - Department for Environment Food and Rural Affairs - 12/11/2008
  • FER0145824 - London Borough of Camden - 30/06/2008
  • FER0152885 - Environment Agency - 10/06/2008
  • FS50085782 - Welsh Assembly Government - 29/01/2008
  • FER0086785 - Tunbridge Wells Borough Council - 10/10/2007
  • FER0070849 - Mid Devon District Council - 19/07/2006
  • FER0220492 - London Borough of Sutton - 26/04/2010
  • FS50124332 - Department for Transport - 30/03/2010
  • FS50188307 - Mid Sussex District Council - 25/03/2010
  • FER0256967 - Mid Suffolk District Council - 18/01/2010
  • FER0192430 - London Borough of Camden - 21/12/2009
  • FS50080236 - Department of Health - 21/12/2009
  • FER0183947 - Department for Environment Food and Rural Affairs - 17/12/2009
  • FER0185236 - Department for Environment Food and Rural Affairs - 17/12/2009
  • FER0183946 - Cabinet Office - 17/12/2009
  • FER0185237 - Cabinet Office - 17/12/2009
  • FS50080240 - Department for Environment Food and Rural Affairs - 15/12/2009
  • FS50114757 - Cabinet Office - 15/12/2009
  • FER0221965 - Chiltern District Council - 14/12/2009
  • FER0186717 - Department for Communities and Local Government - 18/11/2009
  • FS50257908 - St Edmundsbury Borough Council - 26/10/2009
  • FER0181772 - Winchester City Council - 24/09/2009
  • FS50207672 - Norfolk County Council - 14/09/2009
  • FS50187166 - Blidworth Parish Council - 27/07/2009
  • FS50199873 - Cardiff Council - 30/04/2009
  • FS50122058 - Department for Culture, Media and Sport - 09/07/2008
  • FER0118853 - Sutton and East Surrey Water plc - 19/03/2008
  • FER0104939 - Lake District National Park Authority - 05/02/2008
  • FER0087774 - Department for Business, Enterprise and Regulatory Reform - 28/01/2008
  • FS50122983 - Department for Culture, Media and Sport - 19/11/2007
  • FER0082261 - Department of the Environment (NI) - 21/05/2007
  • FER0091004 - Nottingham City Council - 27/03/2007
  • FER0085943 - Salisbury District Council - 15/11/2006
  • FER0091149 - Environment Agency - 21/08/2006
  • FER0106205 - Worcestershire County Council - 21/08/2006

Includes DNs up to: 26 April 2010




Environmental Information Regulations 2004
Exceptions
12(3) 12(4)(a) 12(4)(b) 12(4)(c) 12(4)(d) 12(4)(e) 12(5)(a) 12(5)(b) 12(5)(c) 12(5)(d) 12(5)(e) 12(5)(f) 12(5)(g)