The Campaign for Freedom of Information
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| The Campaign for Freedom of
Information Your Rights to Personal Files Many bodies, both public and private, hold files on the people they deal with. Important decisions about you may be taken on the basis of your file - often by people who have never met you or spoken to you. All they know about you is what the file says. If the information is incomplete, inaccurate or unfair your rights may be at risk or you could be denied a benefit or service that you need. The best safeguard is a right to see the file for yourself, so you can challenge unjustified statements, correct factual inaccuracies and make your views known before - not after - decisions are taken. Data Protection Act Your main rights to see personal data about yourself, held on computer and on paper, come from the Data Protection Act 1998 (DPA). The DPA provides a right of access to personal information about yourself held by public authorities and private bodies, regardless of the form in which it is held The 1998 DPA provides access to some records previously available under earlier legislation, which has now been repealed. This includes the right to see computerised records under the 1984 DPA, and the right to see paper-based medical, social work, housing and school records. These rights still apply, though under the new Act. [The 1998 DPA repealed the Access to Personal Files Act 1987 - together with its subsidiary Regulations - and the Access to Health Records Act 1990.] Additional rights to see other paper and other non-computerised records are being phased in. A limited right came into force in March 2000. The main right of access will come into force in October 2001. Structured files The DPA's right of access to non-computerised records is limited to information held in 'structured' files. These are collections of files or papers organised in a way that makes it easy to find information about a particular individual. This would include files which are indexed or arranged by reference to the name of the person concerned, or to some other identifying feature such as their household, street name, post code, car number plate, national insurance or other reference number. The DPA does not, in general, allow you to see personal information held on paper which is not organised in this way, (described in this guide as 'unstructured' information). So a set of files containing correspondence from many people arranged chronologically, and not by the name of the person sending the letter, would probably not be covered (unless it was separately indexed by name). Occasional references to you in other kinds of files or papers would usually not be covered either. In brief, the position is: You can see information held about you by anyone on computers (or in other forms where data can be processed automatically) You can see health, social work, housing and school records held on paper. This applies to all information, not just that in 'structured' files. You can see information about you in structured files held in filing systems created after October 1998. This applies to a new set of files, not a new file added to an existing set. However, if the purposes of an existing filing system are changed after October 1998, information relating to the new purposes is also now accessible. From October 21 2001 you will be able to see information about you in all structured files held by any organisation, including government departments, local authorities, the police, employers and private companies. The right applies regardless of when the files or filing system was created. Information held by central government, devolved institutions or NHS bodies can also be obtained under the 'open government' codes of practice. You can use one of these codes to apply for information not yet available under the DPA, including 'unstructured' information about yourself. When the proposed Freedom of Information Act is fully in force, 'unstructured' information held by any public authority will become accessible under the DPA. No firm timetable for implementation was available at the time of writing. Please read more from the following website (resourceful and informative) : Campaign for Freedom of Information |
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