Fact versus Fiction
This legislation caused a considerable amount of confusion and misunderstanding even though the Act is clearly laid out. Principal amongst the misguided views were:
- "There is no way that Freedom of Information and Data Protection can be reconciled".
- FACT: The Act is clear. An individual has a right to all public information, save exempted material or personal data. If personal data exists in a document it must be removed before the document is issued. It is as simple as that.
- "I only need disclose information created since the Act came into force".
- FACT: All information whenever created is subject to the Act. Access to that information was granted in 2005. The word information is used deliberately as many think of the Act relating solely to written documents. It is not. It applies to any information, however held including audio, video, computer data, hand written notes and more.
- "I can destroy information I do not want published".
- FACT: This was largely true in the past unless it was subject to litigation. It is now a criminal offence to destroy records to avoid disclosure. At the same time an individual or organisation has a duty under the Data Protection Act to destroy personal information after it has served its useful purpose.