Procedures: Data Protection and Freedom of Information

2020 ◽  
pp. 107-122
2007 ◽  
Vol 14 (2) ◽  
pp. 189-195 ◽  
Author(s):  
Renate Gertz

AbstractOn the 1st of December 2006, the Court of Session in Edinburgh issued the first decision on Freedom of Information and health data regarding a request for information on incidences of childhood leukemia, in the range of 0 - 14 years, by year and census ward from 1990 to 2003 for the Dumfries and Galloway postal areas. The case, which provides an example for the collision course between the Freedom of Information and Data Protection regime, had been anticipated as a landmark decision, however, due to several problems and inconsistencies it sadly failed to meet those expectations.


Author(s):  
Tumelo Keakopa ◽  
Olefhile Mosweu

Data protection legislation is concerned with the safeguarding of privacy rights of individuals in relation to the processing of personal data, regardless of media or format. The Government of Botswana enacted the Data Protection Act in 2018 for purposes of regulating personal data and to ensure the protection of individual privacy as it relates to personal data, and its maintenance. This paper investigates opportunities and challenges for records management, and recommends measures to be put in place in support of data protection, through proper records management practices. The study employed a desktop approach and data was collected using content analysis. The study found that opportunities such as improved retrieval and access to information, improved job opportunities for records management professionals and a conducive legislative framework are available. It also revealed that a lack of resources to drive the records management function, limitations in electronic document and records systems and a lack of freedom of information to regulate access to public information by members of the public is still a challenge. The study recommends the employment of qualified records management staff with capacity to manage records in the networked environment for purposes of designing and implementing records management programmes that can facilitate compliance with the requirements prescribed by the Data Protection Act.


2015 ◽  
Vol 4 (2) ◽  
pp. 212-232
Author(s):  
Kevin Aquilina

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.


BMJ ◽  
2005 ◽  
Vol 330 (7490) ◽  
pp. 490-491 ◽  
Author(s):  
Barbara Meredith

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