Section 68 — Freedom of Information Act 2000: Extension of meaning of “data”.

Extension of meaning of “data”. 68 1 Section 1 of the Data Protection Act 1998 (basic interpretative provisions) is amended in accordance with subsections (2) and (3).

2 In subsection (1)—

a in the definition of “data”, the word “or” at the end of paragraph (c) is omitted and after paragraph (d) there is inserted or e is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d); , and b after the definition of “processing” there is inserted— “ public authority ” has the same meaning as in the Freedom of Information Act 2000; .

3 After subsection (4) there is inserted— 5 In paragraph (e) of the definition of “ data ” in subsection (1), the reference to information “ held ” by a public authority shall be construed in accordance with section 3(2) of the Freedom of Information Act 2000.

6 Where section 7 of the Freedom of Information Act 2000 prevents Parts I to V of that Act from applying to certain information held by a public authority, that information is not to be treated for the purposes of paragraph (e) of the definition of “ data ” in subsection (1) as held by a public authority.

4 In section 56 of that Act (prohibition of requirement as to production of certain records), after subsection (6) there is inserted— 6A A record is not a relevant record to the extent that it relates, or is to relate, only to personal data falling within paragraph (e) of the definition of “data” in section 1(1).

5 In the Table in section 71 of that Act (index of defined expressions) after the entry relating to processing there is inserted— public authority section 1(1). .