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    Data Protection vs. Freedom of Information: Access and Personal Data
    Data Protection vs. Freedom of Information: Access and Personal Data
    Data Protection vs. Freedom of Information: Access and Personal Data
    Ebook63 pages38 minutes

    Data Protection vs. Freedom of Information: Access and Personal Data

    By Paul Ticher

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    About this ebook

    This authoritative pocket guide is designed to help information professionals, particularly in the public sector, understand the requirements of both Acts together with the ways in which they intersect. The guide looks at the restrictions on disclosure under the Freedom of Information Act, including the circumstances in which a request under the Freedom of Information Act must be declined, so as to protect personal data. 

    LanguageEnglish
    Publisheritgovernance
    Release dateNov 19, 2008
    ISBN9781849281638
    Data Protection vs. Freedom of Information: Access and Personal Data
    Author

    Paul Ticher

    Paul Ticher has over 25 years’ experience in the voluntary and public sectors as an information worker and manager, and has served as board member, trustee or governor of various local and national bodies. His data protection experience goes back as far as the Data Protection Act of 1984.

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      Book preview

      Data Protection vs. Freedom of Information - Paul Ticher

      Data Protection vs. Freedom of Information

      Access and Personal Data

      Data Protection vs. Freedom of Information

      Access and Personal Data

      PAUL TICHER

      Every possible effort has been made to ensure that the information contained in this book is accurate at the time of going to press, and the publisher and the author cannot accept responsibility for any errors or omissions, however caused. No responsibility for loss or damage occasioned to any person acting, or refraining from action, as a result of the material in this publication can be accepted by the publisher or the author.

      Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act 1988, this publication may only be reproduced, stored or transmitted, in any form, or by any means, with the prior permission in writing of the publisher or, in the case of reprographic reproduction, in accordance with the terms of licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside those terms should be sent to the publisher at the following address:

      IT Governance Publishing

      IT Governance Limited

      Unit 3, Clive Court

      Bartholomew’s Walk

      Cambridgeshire Business Park

      Ely

      Cambridgeshire

      CB7 4EH

      United Kingdom

      www.itgovernance.co.uk

      © P Ticher 2008

      The author has asserted the rights of the author under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.

      First published in the United Kingdom in 2008 by IT Governance Publishing.

      ISBN 978-1-84928-163-8

      FOREWORD

      The Freedom of Information Act (FOI) was a milestone in UK legislation and, for the first time, the lid was legally lifted on a lot of what the UK government was doing in the name of the citizens of the country. While the FOI applies only to public sector organisations, it covers a wide range of information. The Data Protection Act, which applies equally in both the public and private sector, had already given individuals the right to find out what information was being held about them, and to insist on having that information kept accurate and up to date. Of course, the Data Protection Act also placed an obligation on organisations to protect the personal data of those people about whom they collected this information and to ensure that this data was not disclosed, either deliberately or accidentally, to anyone not entitled to see it.

      Inevitably, information that could and should be disclosed pursuant to a freedom of information enquiry could quite conceivably also contain information that the data controller must protect and herein lies a challenge for those in the public sector. Data management frameworks must be designed with two apparently contradictory objectives in mind: ensuring that information that might have to be disclosed pursuant to an FOI enquiry can quickly be found and provided, while simultaneously ensuring that personal data that has to be protected remains protected. This is a key data governance issue and, until now, there has been little useful guidance on how to tackle this issue for those charged with designing processes and infrastructure that meets these two sets of legal requirements.

      This pocket guide focuses on and addresses this critical issue, providing clear and practical guidance for data governance professionals on how to resolve this conundrum.

      Alan Calder

      Ely, November 2008

      ABOUT THE AUTHOR

      Paul Ticher has over 25 years’ experience in the voluntary and public sectors, as an information worker and manager, and as a board member, trustee and governor in local and national bodies. Since 1991 he has worked as an independent consultant specialising in data protection, freedom of information, information management and IT strategy, with a special interest in customer and contact management systems. Paul is also a widely-respected researcher, evaluator, trainer

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