What is the Data Protection Act?
The Data Protection Act applies to personal information and ensures that it is handled properly...
Personal information is information about you. It can be your name, address or telephone number. It can be the type of job you do, the things you buy and the place you went to school.
The Act works in two ways. Firstly, it helps to protect your interests by obliging organisations to manage the information they hold in a proper way. It states that anyone who processes personal information must comply with eight principles, which make sure that it is:
- fairly and lawfully processed;
- processed for limited purposes;
- adequate, relevant and not excessive;
- accurate and up to date;
- not kept for longer than is necessary;
- processed in line with your rights;
- secure; and
- not transferred to other countries without adequate protection.
The second area covered by the Act gives you important rights, including the right to know what information is held about you and the right to correct information that is wrong. You also have the right to claim compensation through the courts if an organisation breaches the Act and this causes you damage, such as financial loss. If it has, you can also claim for distress.
What are the Privacy and Electronic Communications Regulations?
The Privacy and Electronic Communications Regulations apply to electronic communications. Electronic communications refer to unsolicited marketing messages sent electronically such as by telephone, fax, email and text. The Regulations also give rules about matters such as using calling-line identification, cookies and directories. The Regulations give you the right to stop unsolicited direct marketing communications.
What is the Freedom of Information Act?
The Freedom of Information Act deals with official information held by public authorities in England, Northern Ireland and Wales and to those which are UK-wide.
Official information refers to recorded information such as emails, meeting minutes, research or reports. Under the Act, the term public authority includes:
- central government and government departments;
- local authorities;
- hospitals, doctors’ surgeries, dentists, pharmacists and opticians;
- state schools, colleges and universities; and
- police forces and prison services.
The Freedom of Information Act gives you the right to request official information held by public authorities, unless there are good reasons to keep it confidential.
It aims to make public sector bodies more open and accountable. It also helps people to understand better how public authorities carry out their duties, why they make the decisions they do and how they spend public money.
Scotland has its own Scottish Environmental Information Regulations and the Freedom of Information (Scotland) Act 2002. These are regulated by the Scottish Information Commissioner's Office.
What are the Environmental Information Regulations?
The Environmental Information Regulations deal with environmental information held by public authorities in England, Northern Ireland and Wales. Environmental information is divided into the following six main areas:
- the state of the elements of the environment, such as air, water, soil, land and biological diversity
- emissions and discharges (gases and fluids), noise, energy, radiation, waste and other such substances
- measures and activities such as policies, plans, and agreements affecting or likely to affect the state of the elements of the environment
- reports, cost-benefit and economic analyses
- the state of human health and safety, contamination of the food chain
- cultural sites and built structures (as they may be affected by environmental factors)
The Regulations cover more organisations than the Freedom of Information Act, including some private sector bodies.
Scotland has its own Scottish Environmental Information Regulations and the Freedom of Information (Scotland) Act 2002. These are regulated by the Scottish Information Commissioner's Office.
What are the INSPIRE Regulations?
The INSPIRE Regulations deal with spatial, or geographic, information held by public authorities in England, Northern Ireland and Wales and to those which are UK-wide.
The INSPIRE Regulations give you the right to see geographic information – that is, any data with a direct or indirect reference to a specific location or geographical area. Spatial data is often referred to as geospatial data or geographic information.
Scotland has complementary INSPIRE Regulations and its own Environmental Information (Scotland) Regulations 2004 and the Freedom of Information (Scotland) Act 2002. These are regulated by the Scottish Information Commissioner.
What are the differences between the Acts?
All the Acts we oversee give people rights to see or request information. Find out the differences in these questions and answers:
Can I ask to see personal information held about me by organisations and public authorities?
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Personal information (Data Protection Act and Privacy and Electronic Communications Regulations)
Yes. This is known as making a ‘subject access request’.
It applies to all organisations that hold personal information, such as government departments, banks, credit card companies, local councils, schools, hospitals, doctors, your past and present employers, internet and mail order companies.
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Official information (Freedom of Information and Environmental Information Regulations)
No. It does not provide you with the right to access your personal information.
Can I request non-personal information held by public authorities and government departments?
What type of information can I ask to see?
How do I ask for the information?
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Personal information (Data Protection Act and Privacy and Electronic Communications Regulations)
In writing or by email, stating your full name and any names you may have been known by (for example, your maiden name) and your full address including postcode. An organisation can ask you for relevant information that will help them identify you and find the information you want.
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Official information (Freedom of Information and Environmental Information Regulations)
In writing or by email, stating your name and an address to reply to, and clearly describing the information you want. It helps the organisation if you say you are making the request under the Freedom of Information Act or the Environmental Information Regulations. Requests made under the Environmental Information Regulations can also be made verbally.
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Can I correct the information held?
Can I stop my personal information being used for unwanted marketing?
Do I have a right to see information about someone else?
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Personal information (Data Protection Act and Privacy and Electronic Communications Regulations)
Normally, no. However, in certain circumstances you can. These include when you are legally responsible for another person, for example a parent for an infant, or when holding legal power of attorney for an elderly relative.
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Official information (Freedom of Information and Environmental Information Regulations)
Yes, sometimes. You can request it, but many types of personal information don’t have to be given to you.
Does the organisation have a time limit to reply to my request?
Will I be charged for the information?
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Official information (Freedom of Information and Environmental Information Regulations)Possibly. In most cases the information will be provided free. But some costs, such as photocopying and postage, can be charged for.
If a public authority has specific permission to charge for a particular type of information, it can ask you to pay these fees.
Will I always get all the information I ask for?
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Personal information (Data Protection Act and Privacy and Electronic Communications Regulations):
No. You may be refused all or some of your personal information, if there is a good reason for doing so. For example, if the information you are requesting is subject to a criminal investigation or the information can identify a third party who does not want their information disclosed.
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Official information (Freedom of Information and Environmental Information Regulations):
No. Information must be disclosed unless there is a good legal reason not to. If you are refused information, the authority must explain why. Some information may be refused on the grounds of cost.
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Can I get help if I feel my rights have been breached?
Yes. If you have contacted the organisation or public authority but have been unable to solve the problem, we may be able to help.