ECH4055 - Employer and Contractor's Role: Data Protection Act (DPA), Freedom of Information Act (FOI) and Third Party Information

You should remember that information held on computer records and manual records may be requested by individuals, employers or contractors. You should ensure that any information recorded is accurate, adequate and relevant.

Employers and contractors may use the information held to

• challenge the accuracy and adequacy of the information and, or
• seek compensation for damage or distress arising from inaccurate information, or misuse of information.

Data Protection Act 1998

The DPA entitles living individuals to have information held about them on computer records, manual records and other mediums.

The Act

• extends only to personal data of a living individual applicant
• does not extend to associations and companies.

All requests for information under the Data Protection Act are to be dealt with by

Data Protection Unit (DPU)
Room BP5001,
Benton Park View,
Longbenton,
Newcastle upon Tyne,
NE98 1ZZ

Telephone 0191 225 7575

Freedom of Information Act 2000

The FOI gives any person a right to be told if information described in their request is held by public authorities and, if it is, a right to have that information conveyed to them. A person need not be a living individual so partnerships, associations and companies have a right to information under the Act’ including a right to see the partnership or company file. When a request for information is received you should

• consider whether it is a request under FOI.

If the request is

• a business as usual request, for example information that has always been provided as part of good customer service or,
• falls under a different disclosure regime, for example the DPA
• then it is not a request under FOI you should
• consider the guidance on the Corporate Governance site under Freedom of Information
• contact your local Freedom of Information Representative. If necessary the FOI Rep will contact the FOI Unit.

Third Party Information

You should be aware of our guidelines for dealing with Third Party Information. This can be found in the Guide on Confidentiality GOC90000 onwards.

You should never pass information about an informer to the employer or contractor and details of ensuing investigations should not be passed back to the informer.