PPRuNe Forums - View Single Post - Crestfallen
Thread: Crestfallen
View Single Post
Old 28th Mar 2005, 16:19
  #14 (permalink)  
PPRuNe Radar
Moderator
 
PPRuNe Radar's Avatar
 
Join Date: Jul 1997
Location: Europe
Posts: 3,228
Likes: 0
Received 0 Likes on 0 Posts
I am not sure that NATS has status as a public body covered by the Freedom of Information Act, it is a public/private partnership (allegedly) trading as a private limited company.

However, assuming it is covered, then it is still not possible to obtain information since:

•If the personal data is about the person requesting the information, then there is no right to know under the Freedom of Information Act. There is, in other words, an absolute exemption. However, any such requests automatically become subject access requests under the Data Protection Act and must be treated as such. This means that despite the exemption under the Freedom of Information Act, the applicant has a right to his or her information under the Data Protection Act.

• If the personal data is about someone other than the applicant, there is an exemption if disclosure would breach any of the Data Protection Principles. (This is the main issue explored in this guidance.) There are also some special rules to be applied in cases where the personal data are about someone who has formally objected to their disclosure. The term, “third party data,” is used to describe personal information about someone other than the applicant.

•The term “personal data” is defined in the Data Protection Act, as amended by the Freedom of Information Act. “Personal data” is information about a living individual from which that individual can be identified. It may take any of the following forms

• Computer input documents;
• Information processed by computer or other equipment (e.g. CCTV);
• Information in medical, social work, local authority housing or school pupil records;
• Information in some sorts of structured manual records;
• Unstructured personal information held in manual form by a public authority.

The last of these categories was introduced into the Data Protection Act by FOI. For public authorities it means that, in effect, any information held about living individuals is potentially accessible under the Freedom of Information Act. However, in the case of this last type, which is sometimes referred to as category e) data, there are some special rules designed to reduce the administrative burden which requests for information are likely to place on authorities. For private sector organisations, the definitions in the Data Protection Act are unchanged.

In addition, even if the data could be released, NATS would be entitled to charge you for it as well !!
PPRuNe Radar is offline