S.C.B.
Amendment Paper as at
Tuesday 1st February 2000
STANDING COMMITTEE B
New Amendments handed in are marked thus *
FREEDOM OF INFORMATION BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [11th January], as follows:—
Clauses 1 and 2; Schedule 1; Clauses 3 to 16; Schedule 2; Clauses 17 to 54; Schedule 3; Clauses 55 to 60; Schedule 4; Clauses 61 to 66; Schedule 5; Clauses 67 to 72; Schedule 6; Clauses 73 to 84; Schedule 7; Clauses 85 and 86; new Clauses; new Schedules.
Clause No. 38 (Personal information).
148
Amendment (No. 148) proposed, in page 21, line 8, at the beginning to insert the words 'Subject to subsection (5A) below.'—(Mr Mark Fisher.)
Question proposed, that the Amendment be made.
Mr Mike O'Brien
47
Clause 38, page 21, line 17, after 'public' insert 'otherwise than under this Act'.
Mr Mike O'Brien
48
Clause 38, page 21, line 22, after 'public' insert 'otherwise than under this Act'.
Mr Mark Fisher
150
Clause 38, page 21, line 28, at end insert—
'(4A) Where information is exempt under subsection (3)(a)(ii) by virtue of a notice given by the authority under section 10(3)(a) of the Data Protection Act 1998, an application for review of that notice may be made to the Commissioner by the person who has made a request under section 1.
(4B) The Commissioner shall not undertake a review under this section unless he has given the relevant person notice in writing that an application has been made and offered the relevant person an opportunity to make representations to him about the application within such reasonable time as may be set out in the notice.
(4C) If after reviewing the notice and taking account of any representations made by the relevant person the Commissioner is satisfied that the disclosure of the information in accordance with this Act would not cause substantial damage or substantial distress to the relevant person, or that any such substantial damage or substantial distress would not be unwarranted, the information shall not be exempt by virtue of subsection (3)(a)(ii), and the Commissioner shall inform the authority and the relevant person accordingly.
(4D) Where information is exempt under subsection (3)(a)(ii) by virtue of an order made by the court under section 10(4) of the Data Protection Act 1998, an application may be made to the court by a person who has made a request under section 1 and, if the court is satisfied that the disclosure of the information in accordance with this Act would not cause substantial damage or substantial distress to the relevant person, or that any such substantial damage or substantial distress would not be unwarranted, the court may vary or revoke the order accordingly.
(4E) A court shall not make an order under subsection (4) unless it has given the relevant person notice in writing that an application has been made and offered the relevant person an opportunity to make representations to it about the application within such reasonable time as may be set out in the notice.
(4F) In this section, "the relevant person" means the person who gave notice under section 10(1) of the Data Protection Act 1998 and any other person mentioned in that notice in respect of whom that notice was given.'.
Mr Mike O'Brien
49
Clause 38, page 21, line 35, at beginning insert 'the giving to a member of the public of'.
Mr Mark Fisher
149
Clause 38, page 21, line 43, at end insert—
'(5A) For the purposes of subsection (3), a disclosure of information shall not contravene any of the data protection principles or section 10 of the Data Protection Act 1998 merely because it identifies an individual, or relates to an identifiable individual, who is—
(b) a public contractor, or
(c) a representative of an organisation,
acting in that capacity.
(5B) Subsection (5A) does not apply to information relating to the health, salary or disciplinary record of an individual.
(5C) In this section—
"public official" means a Minister of the Crown, a Crown Servant or an employee or office-holder of a public authority or of an administration in the United Kingdom (within the meaning of section 26(2)), or an individual who is appointed by any of the above to any body;
"public contractor" means an individual providing services under contract to a public authority or an individual employed by or providing services under contract to a public contractor in relation to such a contract;
"representative of an organisation" means an individual who is communicating with a public authority on behalf of an organisation.'.
Mr Robert Maclennan
Mr David Heath
153
Clause 39, page 22, line 12, at end insert—
'(1A) Information is not exempt under this section unless the authority has sought the consent of the person from whom it was obtained to communicate the information in response to a request under this Act and that consent has been refused.
(1B) Subsection (1A) does not apply if, within the previous 12 months, the consent of that person was sought and was refused in relation to the same information.'.
Mr Robert Maclennan
Mr David Heath
154
Clause 39, page 22, line 12, at end insert—
'(1A) Information is not exempt under this section if an obligation of confidentiality has been entered into after the commencement of this Act in circumstances in which the code of practice under section 44 provides that to enter into such an obligation would be inappropriate'.
Mr Ian Cawsey
158
Clause 39, page 22, line 12, at end insert—
'(1A) In relation to information obtained after section 1 comes into force, no actionable breach of confidence can be committed within the meaning of subsection (1) above unless, prior to receiving the information, the public authority holding it confirmed in writing to the person who subsequently gave it that it was willing to receive it in confidence.
(1B) A public authority shall not give the confirmation referred to in subsection (1A) above unless it requires the information in order properly to discharge its functions and believes on reasonable grounds that the person concerned will not give it unless he receives the confirmation'.
Mr Robert Maclennan
Mr David Heath
155
Clause 41, page 22, line 25, leave out subsection (2) and insert—
'(2) Information is exempt information if it is information—
(a) which the person from whom it was obtained consistently treats as confidential, and
(b) the disclosure of which would cause significant financial loss to that person.
(2A) Information is exempt information if it is information which relates to the financial affairs of the public authority which holds it, and—
(a) that authority consistently treats it as confidential, and
(b) its disclosure would cause significant financial loss to the authority.'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
140
Clause 41, page 22, line 30, at end insert—
'(4) In this section 'trade secret' means any confidential trade information which if disclosed to a competitor would cause harm to its owner'.
Mr Robert Maclennan
Mr David Heath
164
Clause 43, page 22, line 42, leave out from 'to,' to 'as' in line 43 and insert 'prejudice the carrying out of such functions'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
141
Clause 43, page 23, line 1, leave out subsection (2).
Mr Mark Fisher
152
Clause 43, page 23, line 5, at end insert—
'(2A) The Secretary of State may by order provide that—
(a) information of such description as may be specified in the order is not exempt by virtue of this Act or by virtue of any provision of this Act as may be specified in the order.
(b) any provision of this Act by virtue of which information may be exempt shall be repealed or shall apply only in relation to information of the description specified in the order;
(c) any provision of this Act by virtue of which the duty to confirm or deny does not arise shall be repealed or shall apply only in relation to such information as may be specified in the order.'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
142
Clause 43, page 23, line 6, leave out 'or (2)'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
143
Clause 43, page 23, line 13, leave out 'or (2)'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
145
Clause 43, page 23, line 20, leave out subsection (5).
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
144
Clause 43, page 23, line 26, leave out 'or (2)'.
