Robin Wilton's esoterica

       
 

It's very simple


"My bill is necessary to give an absolute guarantee that the correspondence of members of parliament, on behalf of our constituents and others, to a public authority remains confidential"
David Maclean (Con) - proponent of the Private Member's Bill



No, it is not.


"Freedom of Information Act 2000, Section 40 - Personal Information
(1) Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject.
(2) Any information to which a request for information relates is also exempt information if-

(a) it constitutes personal data which do not fall within subsection (1), and
(b) either the first or the second condition below is satisfied.

(3) 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 this Act 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

(b) in any other case, that the disclosure of the information to a member of the public otherwise than under this Act 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.

(4) 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)(c) of that Act (data subject's right of access to personal data).

[paragraph omitted about the 'duty to confirm or deny']

Freedom of Information Act 2000, Section 41 - Information provided in confidence.

(1) Information is exempt information if-


(a) it was obtained by the public authority from any other person (including another public authority), and
(b) the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person.


(2) The duty to confirm or deny does not arise if, or to the extent that, the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) constitute an actionable breach of confidence."

I don't know what's more depressing; the idea that our MPs haven't read their own legislation, or the idea that they think we can't.

 
 
 
 
 
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Such views as I express in this blog are based on my own opinions, experience and judgements. They do not necessarily represent the policy or views of my employer. It is not my intention to offend readers in any way. If you find anything on this blog offensive, please contact me in the first instance.
Robin Wilton
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