What is the difference between Data Protection Act and Freedom of Information Act?

The Data Protection Act gives us as an ALMO guidelines on how we should process, keep and finally destroy any personal information which is held at the ALMO. The The Freedom of Information Act applies to all information except personal information and other exemptions.

What is the purpose of the Freedom of Information Act?

The purpose of the Act is to promote greater openness by public authorities (ie local authorities, schools, police, NHS bodies). Individuals already have the right to access personal information about themselves under the Data Protection 1998. As far as public authorities are concerned, the Freedom of Information Act will extend this right to allow the public access to all types of information held by the authority.

What is the Public Interest Test?

The public interest test in the FOI Act is specifically defined: the authority must release the information unless ’in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information’. In other words whether it would be better for information to be put into the public domain, or kept confidential.

This requires the company to make a judgement about the public interest. Where the balance between disclosure and withholding the information is seen as equal, the information must be released.