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Can a Scottish Public Authority Impose 'Channel Restrictions' on Applicants?
Introduction Section 1(1) of the Freedom of Information (Scotland) Act 2002) (FOISA) states: “(1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.” What is Meant by ‘Channel Restrictions’? This means placing restrictions on how an applicant can submit information requests to the auhtority. For example, the…
FOIA and ASPA: How Do They Interact?
Introduction Any interactions between the Freedom of Information Act 2000 (FOIA) and the Animals (Scientific Procedures) Act 1986 (ASPA) generally come in the form of withholding information requested under the FOIA using a combination of section 44 of the FOIA with section 24 of ASPA. Section 24 of ASPA Section 24 of ASPA makes it a criminal offence to disclose information given in confidence…
Can an Employer ask an Employee to Withdraw or Sign Away Subject Access Request Rights?
Introduction Did you know that everyone has the right to ask an organisation for copies of the personal information held about them? This is regardless of whether they are employees or customers of the organisation. And, it is as well as the right to request recorded information held by public authorities. There is no option in data protection (DP) or freedom of information (FOI) law for…
An Overview of the Basic Laws of Sweden
Introduction The Basic Laws of Sweden (Swedish: Sveriges grundlagar) are the four constitutional laws of the Kingdom of Sweden that regulate the Swedish political system, acting in a similar manner to the constitutions of most countries. These four laws are: The Instrument of Government (Swedish: Regeringsformen); The Freedom of the Press Act (Swedish: Tryckfrihetsförordningen); The…
UK Government: FOI, Special Advisers & The Carltona Principle
Introduction The Freedom of Information Act 2000 (FOIA) gives a right of access to information held by a public authority. Any person who makes a request to a public authority for information is entitled: To be informed in writing by a public authority whether it holds information meeting the description set out in the request; and To have information the public authority holds relating to the…
Requesting Your Own Personal Data via FOI
Introduction Requests for information under the Freedom of Information Act 2000 (FOIA) or the Freedom of Information (Scotland) Act 2002 (FOISA) are for recorded information held by public authorities. However, this does not apply to the applicant’s own personal data. This principle also applies to environmental information: Regulation 11(1) of the Environmental Information (Scotland)…
Freedom of Information and Releasing Datasets
Introduction Section 102 of the Protection of Freedoms Act 2012 added new provisions to the Freedom of Information Act 2000 (FOIA) which require public authorities to make certain datasets available for re-use in response to FOI requests. These provisions make it a legal requirement to implement aspects of the UK government’s Transparency and Open Data agenda, which had previously largely…
An Overview of the National Police Freedom of Information and Data Protection Unit
Introduction The National Police Freedom of Information and Data Protection Unit (NPFDU) is part of the National Police Chiefs’ Council (NPCC). It is a national unit set-up to assist UK police forces with freedom of information (FOI), environmental information regulations (EIR), and data protection act (DPA) referrals. Background The NPCC became designated as a public authority under…
