Office of Public Sector Information
Section 73.
1 In section 7 of the [1998 c. 29.] Data Protection Act 1998 (right of access to personal data), for subsection (3) there is substituted—
“(3) Where a data controller—
(a) reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and
(b) has informed him of that requirement,
the data controller is not obliged to comply with the request unless he is supplied with that further information.”
2 After section 35 of that Act there is inserted—
Personal data are exempt from—
(a) the first data protection principle, except to the extent to which it requires compliance with the conditions in Schedules 2 and 3,
(b) the second, third, fourth and fifth data protection principles,
(c) section 7, and
(d) sections 10 and 14(1) to (3),
if the exemption is required for the purpose of avoiding an infringement of the privileges of either House of Parliament.”
3 After section 63 of that Act there is inserted—
(1) Subject to the following provisions of this section and to section 35A, this Act applies to the processing of personal data by or on behalf of either House of Parliament as it applies to the processing of personal data by other persons.
(2) Where the purposes for which and the manner in which any personal data are, or are to be, processed are determined by or on behalf of the House of Commons, the data controller in respect of those data for the purposes of this Act shall be the Corporate Officer of that House.
(3) Where the purposes for which and the manner in which any personal data are, or are to be, processed are determined by or on behalf of the House of Lords, the data controller in respect of those data for the purposes of this Act shall be the Corporate Officer of that House.
(4) Nothing in subsection (2) or (3) is to be taken to render the Corporate Officer of the House of Commons or the Corporate Officer of the House of Lords liable to prosecution under this Act, but section 55 and paragraph 12 of Schedule 9 shall apply to a person acting on behalf of either House as they apply to any other person.”
4 In Schedule 2 to that Act (conditions relevant for the purposes of the first data protection principle: processing of any personal data) in paragraph 5 after paragraph (a) there is inserted—
“(aa) for the exercise of any functions of either House of Parliament,”.
5 In Schedule 3 to that Act (conditions relevant for the purposes of the first data protection principle: processing of sensitive personal data) in paragraph 7 after paragraph (a) there is inserted—
“(aa) for the exercise of any functions of either House of Parliament,”.
6 In Schedule 7 to that Act (miscellaneous exemptions) in paragraph 3(b) (honours) after “honour” there is inserted “or dignity”.
7 In paragraph 10 of that Schedule (legal professional privilege), for the words “or, in Scotland, to confidentiality as between client and professional legal adviser,” there is substituted “or, in Scotland, to confidentiality of communications”.
8 In Schedule 14 to that Act (transitional provisions), in paragraph 2(1) (which confers transitional exemption from the prohibition on processing without registration on those registered under the Data Protection Act 1984) the words “or, if earlier, 24th October 2001” are omitted.
Section 76(2).
1 At the end of section 11 of the [1967 c. 13.] Parliamentary Commissioner Act 1967 (provision for secrecy of information) there is inserted—
“(5) Information obtained from the Information Commissioner by virtue of section 76(1) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) of this section as obtained for the purposes of an investigation under this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.”
2 After section 11A of that Act there is inserted—
(1) The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if the information appears to the Commissioner to relate to—
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under—
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.”
3 In section 32 of the [1974 c. 7.] Local Government Act 1974 (law of defamation, and disclosure of information) after subsection (6) there is inserted—
“(7) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) above as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.”
4 After section 33 of that Act there is inserted—
(1) A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local Commissioner to relate to—
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under—
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section.”
5 At the end of section 15 of the [1993 c. 46.] Health Service Commissioners Act 1993 (confidentiality of information) there is inserted—
“(4) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.”
6 After section 18 of that Act there is inserted—
(1) The Health Service Commissioner for England or the Health Service Commissioner for Wales may disclose to the Information Commissioner any information obtained by, or furnished to, the Health Service Commissioner under or for the purposes of this Act if the information appears to the Health Service Commissioner to relate to—
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under—
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(3) Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information in accordance with this section.”
7 In Schedule 9 to the [1998 c. 38.] Government of Wales Act 1998 (the Welsh Administration Ombudsman), at the end of paragraph 25 (confidentiality of information) there is inserted—
“(5) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of sub-paragraph (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.”
8 After paragraph 27 of that Schedule there is inserted—
28 (1) The Welsh Administration Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Welsh Administration Ombudsman under or for the purposes of this Schedule if the information appears to the Welsh Administration Ombudsman to relate to—
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under—
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in paragraph 25(1) applies in relation to the disclosure of information in accordance with this paragraph.”
9 At the end of Article 21 of the [S.I. 1996/1297 (N.I. 7).] Commissioner for Complaints (Northern Ireland) Order 1996 (disclosure of information by Commissioner) there is inserted—
“(5) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation.”
10 After that Article there is inserted—
(1) The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Order if the information appears to the Commissioner to relate to—
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under—
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in Article 21(1) applies in relation to the disclosure of information in accordance with this Article.”
11 At the end of Article 19 of the [S.I. 1996/1298 (N.I. 8).] Ombudsman (Northern Ireland) Order 1996 there is inserted—
“(5) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation.”
12 After that Article there is inserted—
(1) The Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Omubudsman under or for the purposes of this Order if the information appears to the Ombudsman to relate to—
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by—
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under—
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in Article 19(1) applies in relation to the disclosure of information in accordance with this Article.”
13 In section 30 of the [1975 c. 30.] Local Government (Scotland) Act 1975 (limitation on disclosure of information), after subsection (5) there is inserted—
“(5A) Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in subsection (2)(a) to the investigation shall have effect as a reference to any investigation.”
Freedom of Information Act 2000