Freedom of information act 2000 foia decision notice. Postlegislative scrutiny of the freedom of information act 2000. Promotion of access to information act 2 of 2000 english text signed by the president published in gg 20852 of 3 february 2000 commencements see s. Section 43 in the information technology act, 2000 43 45 penalty and compensation for damage to computer, computer system, etc. Freedom of information act 2000 wikisource, the free online. You should ideally use your real name for foi requests. Oct 16, 2017 the freedom of information act, passed in 2000 and fully implemented in 2005, established a right to know legal process through which anyone can make a request to a public authority or government department. Freedom of information amendment open government bill 2000. It is the implementation of freedom of information legislation in the united kingdom on a national level.
The central government in exercise of the powers conferred by clause ob of subsection 2 of section 87 read with section 43a of the information technology act, 2000 21 of 2000 has defined reasonable security practices and procedures to be followed by those possessing, dealing or handling sensitive personal data or information. In other words, he asked the council to reconsider its application of the section 43 exemption to the part of his request that relates to the parking. Under the act, any person has a legal right to ask for access to information held by the school. Section 11 provides that any person making a request for information to a public authority is entitled a to be informed in writing by the public authority whether it holds information of the description specified in the request, and.
Under the freedom of information act 2000, please provide me with the following information. Changes to legislation revised legislation carried on this site may not be fully up to date. Freedom of information scotland act 2002 applies in scotland. This is a compilation of the freedom of information act 1982 that shows the text of the law. The freedom of information act has been operating since 1982. Cybercrime and privacy the centre for internet and society. There are currently no known outstanding effects for the freedom of information act 2000, section 41.
Employment relations act 2000 no 24 as at 01 january 2018. The commissioner has initially considered the application of section 211 rather than section 432 to the requested information. Section 43 in the information technology act, 2000. Peretz 2011, blackstones guide to the freedom of information act 2000, 4 th ed. Information foi act 20001, the related but distinct foi scotland act 20032 and the. Reasons for decision section 1 duty to provide information held 12. Foi disclosure log therapeutic goods administration tga.
Section 11 of the foia requires public authorities to confirm or deny whether the information specific in a request is held and, where it is, to. K this section has no associated explanatory notes. As a result, we are refusing the elements of your request relating to names of nonsenior staff under section 402 of the freedom of information act 2000. This is part of a series of guidance, which goes into. It also stated that disclosure would be likely to prejudice the applicants commercial interests and asserted that this was an exemption under the foia and the eir. Revised legislation carried on this site may not be fully up to date. What information and data has been used to calculate the current. The commissioners duty is to decide whether a request for information made to a public authority has been dealt with in accordance with the requirements of part 1 of the freedom of information act 2000 the act. Contents right to information act 2009 page 2 part 1 right to access 23 right to be given access to particular documents. The information regarding points 2 and 3 was also withheld under section 41. Government response to the justice committees report. This act is administered by the ministry of business, innovation, and employment.
In the uk, the 2000 freedom of information foi act provides public access to information held by public authorities, and can be used as one method to hold them accountable, and ensure they are promoting adequate patient safety. Where a body corporate, possessing, dealing or handling any. Department of housing and urban development 451 7th street s. Information technology act section 43a judgments legalcrystal. Disclosure harmful to business interests of a third party.
There are currently no known outstanding effects for the freedom of information act 2000, section 43. This exemption is not subject to the public interest test. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by. Freedom of information and protection of privacy act. Information governance freedom of information act 2000. Section 43 trade secrets and prejudice to commercial interests. The commercial exemption section 43 and the application of foi to. Section 21 information accessible to the applicant by other means. In addition, the freedom of information act contains a number of exemptions. Freedom of information act united states wikipedia.
The freedom of information act 2000 foia gives rights of public access to information held by public authorities. Section 43a in the information technology act, 2000. Section 43, freedom of information act 2000 practical law primary source 65057856 approx. Information provided in response to freedom of information requests will normally be provided electronically free of charge. They are entitled to be told whether the school holds the information, and to receive a copy, subject to certain exemptions. The complainant has advised that on 1 july 2005 the following information was requested from the department of trade and industry dti in accordance with section 11 of the act. Disclosure of information relating to abortion services. A short guide to the freedom of information act campaign for. Section 43, freedom of information act 2000 practical law. The information technology act was first drawn up in 2000, and has been revised most recently 2008. Its application is limited in scotland which has its own. Freedom of information in the uk and its implications for research.
Freedom of information act 1982 federal register of legislation. The freedom of information act 2000 applies to uk government departments including. The freedom of information act 2000 foia gives rights of. Information commissioners guidance on the exemption for legal professional privilege section 42, v. They are set out in part ii of the freedom of information act 2000. The text of any of those amendments not in force on that date is appended in the notes section.
This section of the wiki provides more details on the freedom of information act 2000 foia. An overview of the main provisions of foia can be found in the guide to freedom of information. The law applies to england, wales and northern ireland only. That authority must then disclose the information or provide valid reasons under the act for refusal. If you are refusing all or any part of a request, you must send the requester a. Section 21 information reasonably accessible by other means. Closed meetings authorized for certain limited purposes.
Jan 01, 2018 changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint. Section 43 foia 2000 provides a qualified exemption where information is a trade secret and, separately, where disclosure of information. Refusal notice section 402 freedom of information act 2000. Check the sections youd like to appear in the report, then use the create report button at the bottom of the page to generate your report. Information that will be published or released within 60 days. The department of health, of which the tga is a part, is required by section 11c of the freedom of information act 1982 the foi act to disclose access decisions through a disclosure log on its website. Section 43 exempts information from the act if it is a trade secret subject to a public interest test or if its release would, or would be likely to, prejudice the commercial interests of any person, including the public body holding the data. Feb 02, 20 freedom of information act 2000 2000 chapter 36 an act to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the data protection act 1998 and the public records act 1958. Section 23 information supplied by, or relating to, bodies dealing with security matters. Commercially sensitive information and the nincompoops law. The commissioner does not require any steps to be taken. If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network. Note 4 at the end of this reprint provides a list of the amendments incorporated.
The operation of amendments that have been incorporated may be. The commissioners decision is that section 242 is engaged and that the balance of the public interest favours maintaining the exclusion of the duty to confirm or deny whether information is held. Information released under the foi act this log includes responses to requests for information under the freedom of information act 2000 disclosed in full or in part since 1 january 2018 which are of public interest andor include information not otherwise available on the gdcs website. The information technology amendment bill, 2008 amended sections 43 data protection, 66 hacking, 67 protection against unauthorised access to data, 69 cyberterrorism, and 72 privacy and confidentiality of the information technology. The freedom of information act 2000 foi came fully into force on january 1 2005. This compilation was prepared on 15 february 2012 taking into account amendments up to act no. There are currently no known outstanding effects for the freedom of information act 2000, section 39. The university reserves the right to charge for printing, copying and postage where the cost of providing information in hardcopy exceeds. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures.
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