Data Protection act v Freedom of Information act
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Data Protection act v Freedom of Information act
Surely one contradicts the other?
Hyperthetically if I hired a car and got caught speeding by a camera, the authorities will check and see it is a hire car then contact the hire company for the driver details, surely if they provide the info they are in breach of the DPA?
Also if you make a Freedom of information request and get the info this is also a breach of the DPA. Or am I missing the point?
It seems to me that if the government are going to make money out of it then they say it is Freedom of Information but if it is going to cost them money then sorry that is DPA.
No reall reason for my post I was just curious as to how these two acts work.
Hyperthetically if I hired a car and got caught speeding by a camera, the authorities will check and see it is a hire car then contact the hire company for the driver details, surely if they provide the info they are in breach of the DPA?
Also if you make a Freedom of information request and get the info this is also a breach of the DPA. Or am I missing the point?
It seems to me that if the government are going to make money out of it then they say it is Freedom of Information but if it is going to cost them money then sorry that is DPA.
No reall reason for my post I was just curious as to how these two acts work.
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On the first example, I think you'll find there's a caveat in the data protection act which allows data to be handed over as part of a criminal investigation (i.e. on production of a valid warrant).
As for a freedom of information request, ultimately it's just a trade off one against the other and you can refuse a freedom of information request on the grounds of breaching the data protection act.
As for a freedom of information request, ultimately it's just a trade off one against the other and you can refuse a freedom of information request on the grounds of breaching the data protection act.
#4
Surely one contradicts the other?
Hyperthetically if I hired a car and got caught speeding by a camera, the authorities will check and see it is a hire car then contact the hire company for the driver details, surely if they provide the info they are in breach of the DPA?
Also if you make a Freedom of information request and get the info this is also a breach of the DPA. Or am I missing the point?
It seems to me that if the government are going to make money out of it then they say it is Freedom of Information but if it is going to cost them money then sorry that is DPA.
Hyperthetically if I hired a car and got caught speeding by a camera, the authorities will check and see it is a hire car then contact the hire company for the driver details, surely if they provide the info they are in breach of the DPA?
Also if you make a Freedom of information request and get the info this is also a breach of the DPA. Or am I missing the point?
It seems to me that if the government are going to make money out of it then they say it is Freedom of Information but if it is going to cost them money then sorry that is DPA.
"Some sensitive information isn’t available to members of the public. If this applies, an organisation must tell you why they can’t give you some or all of the information you requested. They might ask you to be more specific so they can provide just the information you need.
An organisation can also refuse your Freedom of Information (FOI) request if it will cost more than £450 (£600 for central government) to find and extract the information."
https://www.gov.uk/data-protection
There are plenty of exemptions from data protection, the main ones are if the information is requested to help with:
(a)the prevention or detection of crime,
(b)the apprehension or prosecution of offenders, or
(c)the assessment or collection of any tax or duty
You can't hide behind data protection legislation if the rozzers think the information will help them investigate a potential crime. The police are subject to heavy restrictions on what they can do with the data once they get it, but you can't stop them getting it.