EIR 12(3)

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

• http://www.defra.gov.uk/corporate/policy/opengov/eir/guidance/full-guidance/pdf/guidance-7.pdf

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)