Archives and Maltese Legislation on Data Protection and Freedom of Information: Square Pegs in Round Holes?

2015 ◽  
Vol 4 (2) ◽  
pp. 212-232
Author(s):  
Kevin Aquilina
Keyword(s):  
Data Protection ◽  
Private Information ◽  
Natural Extension ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
National Archives ◽  
The Law ◽  
Access To Documents

This paper studies the Maltese National Archives Act and asks to what extent this law conflicts with the Maltese Data Protection Act and the Maltese Freedom of Information Act. It discusses whether the National Archives Act can be considered to be a natural extension of the Freedom of Information Act and whether there are any inconsistencies between the National Archives Act and the Freedom of Information Act and the Data Protection Act. It addresses the questions whether the Data Protection Act should be used to deny access at the National Archives to records which disclose private information on a particular person, and which of these three laws has the upper hand at the National Archives of Malta. The aim is to clarify the inter-relationship between the three laws under study and the law related to access to documents held at the National Archives.

8. Public Interest Immunity and Related Matters

2021 ◽  
pp. 190-203
Author(s):  
Andrew L-T Choo
Keyword(s):  
National Security ◽  
Public Service ◽  
Public Interest ◽  
Freedom Of Information ◽  
Sources Of Information ◽  
Freedom Of Information Act ◽  
Criminal Cases ◽  
The Public ◽  
Proper Functioning ◽  
The Law

Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.

8. Public Interest Immunity and Related Matters

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
National Security ◽  
Public Service ◽  
Public Interest ◽  
Freedom Of Information ◽  
Sources Of Information ◽  
Freedom Of Information Act ◽  
Criminal Cases ◽  
The Public ◽  
Proper Functioning ◽  
The Law

Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.

7. Freedom of Expression (Article 10) I: Official Secrets and Freedom of Information

2017 ◽  
Author(s):  
Ruth Costigan ◽  
Richard Stone
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the law governing official secrets and freedom of information. It covers arguments for the protection of freedom of expression; arguments for and against official secrecy; official secrecy under the Human Rights Act 1998 (HRA 1998); the Official Secrets Acts 1911–1920; the Official Secrets Act 1989; the action for breach of confidence; breach of confidence under HRA 1998; and the Freedom of Information Act 2000.

Data Protection

2016 ◽  
Keyword(s):  
Data Protection ◽  
Direct Marketing ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Access Data

The first part of Chapter 10 sets out the origins of, and background to, the Data Protection Act 1998 and provides a glossary of idiosyncratic language. It runs through its main provisions: definitions; the rights of individuals to access data relating to themselves, and, if necessary, have it corrected or erased; rights to prevent processing likely to cause damage and distress, or use for direct marketing purposes; data controllers; control of data users; registration and enforcement; the data protection principles; and the powers of the Information Commissioner and the tribunal. The second part of the chapter deals with the interface between the Data Protection Act 1998 and the Freedom of Information Act 2000 and the effect of section 40(1) and (2) of the 2000 Act.

Information Rights and the Internet

2016 ◽  
Keyword(s):  
Data Protection ◽  
Common Law ◽  
The Internet ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Digital Rights ◽  
The Us ◽  
The Common ◽  
Online Traffic

Lord Sumption has said that the Freedom of Information Act 2000 was a landmark enactment of great constitutional significance. Chapter 1 identifies the separate regimes for obtaining access to information: the FOI Act; the Environmental Information Regulations; and the Data Protection Act 1998. It explains the differences between them and the part which is also played by the common law. Following Edward Snowden’s revelations about the surveillance undertaken by the US, the chapter outlines the conflict between surveillance, privacy, and information rights. The chapter concludes, first, by looking at the European Court’s decision in the Digital Rights case that Directive 2006/24/EC is invalid. It provided for the mass retention and disclosure to policing and security authorities of individuals’ online traffic data. Second, the chapter looks at the Court’s decision in the Google Spain case that, on the internet, an individual has a right to be forgotten.

Legislation related to occupational health records

2013 ◽  
Author(s):  
Julia Smedley ◽  
Finlay Dick ◽  
Steven Sadhra
Keyword(s):  
Occupational Health ◽  
Data Protection ◽  
Medical Records ◽  
Freedom Of Information ◽  
Data Handling ◽  
Freedom Of Information Act ◽  
Health Records ◽  
Good Data ◽  
Access To Health ◽  
Medical Reports

Data Protection Act 1998 578Access to Medical Reports Act 1988 580Freedom of Information Act 2000 582The Data Protection Act 1998 came into force in 2001 and governs the collection, holding, use or release of data on individuals as required by EC Directive 95/46/EC. It sets out principles of good data handling (‘the eight principles’) and confers several rights on individuals. This Act replaces the Data Protection Act 1984 and the Access to Health Records Act 1990, although the latter still applies to access to the medical records of dead people....

Freedom of Information and Data Protection Acts

2017 ◽  
Vol 11 (1) ◽  
pp. 48-54
Author(s):  
Suhail Amin Tarafdar ◽  
Michael Fay
Keyword(s):  
Clinical Data ◽  
Patient Information ◽  
Data Protection ◽  
Personal Information ◽  
Freedom Of Information ◽  
Patient Records ◽  
Freedom Of Information Act ◽  
The Public ◽  
Public Rights ◽  
Access To Data

Data is frequently handled by GPs during their day-to-day work. This includes not only clinical data where patient information is handled, but also organisational data. Clinicians must be aware of the regulations that govern information handling. This article will discuss the Data Protection Act 1998, which governs personal information held on patient records. It will clarify the eight data protection principles and how they apply in practice. Thereafter, the article will discuss the Freedom of Information Act 2000, which gives the public rights to access certain data held by surgeries. The article will highlight important exemptions and grounds for refusing access to data.

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