Amendments proposed to the Freedom of Information Bill, As Amended - continued	House of Commons
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Power to remove exemptions by order

   

Dr Tony Wright
Mr Mark Fisher
Mr Robert Maclennan
Mr David Heath
Mr Richard Shepherd

NC5

To move the following Clause:—

    '.—(1) 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 any provision of this Act as may be specified in the order;

(b) any provision of this Act specified in the order by virtue of which information is exempt shall be repealed or shall apply only in relation to information of the description specified in the order;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any provision of this Act specified in the order by virtue of which the duty to confirm or deny does not arise shall be repealed or shall apply only in relation to such information, or in such circumstances, as may be specified in the order.

    (2) An order under this section may make different provision for different cases.

    (3) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.'.

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Information already disclosed

   

Mr Richard Shepherd
Mr David Davis

NC7

To move the following Clause:—

    '.—(1) Information is not exempt information if it is substantially similar to any disclosed information.

    (2) In this section "disclosed information" means any information which has been lawfully disclosed in accordance with the provisions of any statutory or other scheme requiring or authorising the disclosure of information within any administration in the United Kingdom, but does not include personal data relating to the individual to whom it was disclosed.

    (3) In this section "administration in the United Kingdom" has the same meaning as in section 26.'.

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Extension of meaning of "data subject"

   

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

NC8

*To move the following Clause:—

    '.—(1) Section 1 of the Data Protection Act 1998 (basic interpretative provisions) is amended in accordance with subsections (2) and (3).

    (2) In the definition of "data subject", after the word "individual" there is inserted 'or company'.

    (3) The definition of "personal data" is omitted and the following words are inserted—

    "personal data" means data which relate to—

(a) a living individual, or

(b) a company (but only where that data is held by a public authority),

    where the individual or the company can be identified from those data, or from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual the individual or company and any indication of the intentions of the data controller or any other person in respect of the individual.'.

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Notification of third parties

   

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

NC9

*To move the following Clause:—

    '.—(1) Where a request for information is received by a public authority and that information relates to a third party's commercial interests the public authority shall—

(a) without delay notify the third party of the request for information and the extent and nature of the information relating to the request and give the third party a reasonable opportunity to make representations regarding whether the information requested falls under an exemption as listed in Part II; and

(b) have due regard to any such representations before discharging the duty to confirm or deny and before communicating the information or giving a notice under section 15.

    (2) For the purposes of subsection (1)—

(a) "third party" means anyone other than the person making the request of any public authority; and

(b) information shall be taken as relating to a third party's interests if that person provided the information to the public authority, is identified in the information and is reasonably likely to be affected (at any time) by disclosure of the information or of its existence.

    (3) Where, after due regard has been given to any representation made in accordance with subsection (1), a public authority is to any extent not relying on a claim that information is exempt information in reaching its decision, the public authority must, without delay, give the third party a notice which—

(a) states that fact;

(b) specifies the exemption in question; and

(c) states why the exemption does not apply.'.

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Mr Robert Maclennan
Mr David Heath
Mr Richard Shepherd

36

Title,     line     3,     after '1998' insert ', the Official Secrets Act 1989'.

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Prepared 30 Mar 2000