Held on behalf: Difference between revisions
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This ICO decision notice [3] is particularly relevant, where market research response data held by a private company was deemed to be held by the 3rd party on behalf of the public authority, and the Information Commissioner partly upheld the Section 3(2)(b) appeal. | This ICO decision notice [3] is particularly relevant, where market research response data held by a private company was deemed to be held by the 3rd party on behalf of the public authority, and the Information Commissioner partly upheld the Section 3(2)(b) appeal. | ||
There have been a few cases at the Information Tribunal where Section 3(2)(b) was considered: | |||
*[http://informationtribunal.gov.uk/Documents/decisions/BFrancis_v_ICO_SEssex_NHS_0091_Decision_21Jul08.pdf EA/2007/0091 Ms B Francis v IC (Additional Party: South Essex Partnership Foundation NHS Trust)] | |||
*[http://www.informationtribunal.gov.uk/Documents/decisions/BrookAreaResidentsShopkeepersvsICO0077websitedecision.pdf EA/2006/0010 Peter Quinn v IC (Additional Party: Home Office)] | |||
*[http://www.informationtribunal.gov.uk/DBFiles/Decision/i304/Dudley%20v%20IC%20(EA-2008-0089)%20Decision%2020-04-09.pdf EA/2008/0089 Dr Nigel Dudley v IC (National Audit Office)] | |||
== References == | == References == | ||
Revision as of 21:34, 25 April 2010
Information "held on behalf" of a public authority
Section 3(2)(b) of FOIA states "For the purposes of this Act, information is held by a public authority if ... it is held by another person on behalf of the authority" [1]
There is a relevant ICO guidance note [2] which gives the example of research material being held by another.
This ICO decision notice [3] is particularly relevant, where market research response data held by a private company was deemed to be held by the 3rd party on behalf of the public authority, and the Information Commissioner partly upheld the Section 3(2)(b) appeal.
There have been a few cases at the Information Tribunal where Section 3(2)(b) was considered:
- EA/2007/0091 Ms B Francis v IC (Additional Party: South Essex Partnership Foundation NHS Trust)
- EA/2006/0010 Peter Quinn v IC (Additional Party: Home Office)
- EA/2008/0089 Dr Nigel Dudley v IC (National Audit Office)
References
[1] FOIA 2000
[2] Awareness Guidance 12 - Information Caught by the FOI Act
