The commissioner has investigated and has found that the service was entitled to rely on section 141. This information is therefore held exempt under section 43 of the foi act. It is the implementation of freedom of information legislation in the united kingdom on a national level. Aug 31, 2010 the information technology act was first drawn up in 2000, and has been revised most recently 2008. The software used by the mediacommunications team to manage press enquiries, send press releases and maintain a press contacts database. Freedom of information scotland act 2002 applies in scotland. This was received by ofcom on 9 july and it has been considered under the freedom of information act 2000 the act. Penalty and compensation for damage to computer, computer system, etc. The commissioner does not require any steps to be taken. Section 43 after considering your request, cardiff and vale university health board considers this information to be exempt from disclosure under the freedom of information act 2000 section 43 commercial interests.
Section 43 in the information technology act, 2000 43 45 penalty and compensation for damage to computer, computer system, etc. The commissioners duty is to decide whether a request for information made to a public authority has been dealt with in accordance with the requirements of part 1 of the freedom of information act 2000 the act. Request under freedom of information act 2000 request ref. Refusal notice section 402 freedom of information act 2000. Embargoed not for publication or broadcast until 0930 gmt thursday 28 march official this information is exempt under the freedom of information act 2000 foia and may be exempt under other uk information legislation. The information technology amendment bill, 2008 amended sections 43 data protection, 66 hacking, 67 protection against unauthorised access to data, 69 cyberterrorism, and 72 privacy and confidentiality of the information technology. Freedom of information and protection of privacy act, rso. Freedom of information act 2000 the basics to information held by. However, the trust is not able to give you the information because it is exempt from disclosure under section 43 2 commercial interests. The freedom of information act was initially introduced as the bill s. Request for information under the freedom of information. Section 43 penalty for damage to a computer, computer system, etc. Can you please provide me with the actual name of the software.
The complainant has advised that on 1 july 2005 the following information was requested from the department of trade and industry dti in accordance with section 11 of the act. Schools must also formally adopt and comply with the information commissioners model publication scheme for schools. This information is commercially sensitive and its release would, or would be likely to prejudice the commercial interests of the trust. The freedom of information act 2000 foia provides any person. Information governance freedom of information act 2000. You should ideally use your real name for foi requests. The details of any internal contacts are withheld under section 40 of the freedom of information act which relates to personal information. Request under freedom of information act 2000 thank you. This section of the act sets out an exemption from the right to know if. The information relating to the full name and direct email is held by ordnance survey but is exempt from disclosure under section 402 personal information of the foi act, as the information constitutes personal data. Personal details removed under the freedom of information act 2000, section 40, personal information annex a requirements definition document number of users removed under the freedom of information act 2000, section 26, defence annex b definition of support service and ongoing requirement including training. The purpose of the freedom of information act 2000 the freedom of information act 2000 foia gives people a general right of access to information held by or on behalf of public authorities.
Section 43 2 protects information which would be likely to, prejudice the commercial interests of any person including the public authority holding it. There are 23 exemptions under the freedom of information act 2000, that may mean we are not able to disclose the information you have requested. Apart from vexatious or repeated requests, to which. Freedom of information act 2000 request for information. Under the act, any person has a legal right to ask for access to information held by the school. Freedom of information campaign against arms trade. This was in response to a pil that challenged the constitutionality of this provision. This section applies if any person, without the permission of the owner or the person in charge of a. The law applies to england, wales and northern ireland only. If you are refusing all or any part of a request, you must send the requester a written refusal notice.
The freedom of information act 2000 foi came fully into force on january 1 2005. Copyright office joint study of section 1201g of the. Section 9 1 b theft act 1968 person is guilty if they enter any building as a trespasser, a with the intent, to steal, inflict gbh or do unlawful damage, person is guilty if they enter any building as a trespasser, b and carries out the following. It states that intermediaries will not be liable for any third party information, data or communication link made available by them. We are dealing with your request under the provisions of the freedom of information act 2000. I have detailed below the relevant excerpt of the act for section 43. The central government in exercise of the powers conferred by clause ob of subsection 2 of section 87 read with section 43a of the information technology act, 2000 21 of 2000 has defined reasonable security practices and procedures to be followed by those possessing, dealing or handling sensitive personal data or information. This part of the act deals with the exemption of information that would prejudice the. Information technology act section 43a judgments legalcrystal. Section 43 freedom of information act 2000, legislation. This is part of a series of guidance, which goes into more detail.
The software used by the mediacommunications team to. Changes that have been made appear in the content and are referenced with annotations. Freedom of information laws allow access by the general public to data held by national governments. We take our responsibilities under the freedom of information act 2000 and environmental information regulations eir 2004 seriously. May 16, requesting the following information from ordnance survey in accordance with the freedom of information act 2000. Section 432 is a qualified and prejudicebased exemption which requires that i provide evidence of harm in disclosure and a public interest test. The freedom of information act 2000 foia gives rights of.
This section of the wiki provides more details on the freedom of information act 2000 foia. The factors in favour of disclosing this information include the general public interest and greater transparency and accountability. The act gives you the right to request recorded information held. Thank you for your email of 2 january 2017, requesting information from ordnance survey in accordance with the freedom of information act foia 2000, as set out below. Media and communications software freedom of information. Citizens guide on using the freedom of information act.
Dear thank you for your request for information dated 8 june 2017 concerning software contract information. The freedom of information act 2000 sets out 23 exemptions where the general right of access to information is either not to be allowed or will be qualified. They are entitled to be told whether the school holds the information, and to receive a copy, subject to certain exemptions. We obtain the software through our normal software. Exemption 4 of the foia protects trade secrets and commercial or financial. The sections of the it act, 2000 pertaining to cybercrimes are as follows. This is a compilation of the freedom of information act 1982 that shows the text of the law as. According to section 79 of information and technology act, 2000, for the removal of doubts, any person who is providing any service as a network service provider shall not be liable under this act for certain cases, rules or regulations made there under for any third party information or data made available by him.
Software systems contracts and renewals freedom of. Freedom of information foi act 2000 a guide for schools. Exemptions to information which must be supplied on request under the freedom of information act 2000. The information technology act, 2000 also known as ita 2000, or the it act is an act of the indian parliament no 21 of 2000 notified on 17 october 2000. There are changes that may be brought into force at a future date. Under the freedom of information act foia 2000, the commercial interest exemption s. An overview of the main provisions of foia can be found in the guide to freedom of information. Where a body corporate, possessing, dealing or handling any. Information is exempt under section 43 2 of the freedom of information act if its disclosure would or could prejudice the commercial interests of any person. Closed meetings authorized for certain limited purposes. Details of information redacted from published version of. The intermediaries get protection from legal liability that could arise from any.
Whatdotheyknow helps you make a freedom of information request. Information is exempt under section 43 2 of the freedom of information act if its disclosure. Section 402 provides that personal data is exempt information if one of the conditions set out in section 403 is satisfied. Section 43 2 foia provides an exemption from disclosure of information which would, or would be likely to, prejudice the commercial interests of any person including the public authority holding it. This information is therefore exempt from disclosure by virtue of section 43 2 of the freedom of information act 2000, commercial interests. Check the sections youd like to appear in the report, then use the create report button at the bottom of the page to generate your report. Freedom of information act 2000 hillingdon hospitals nhs.
Request information freedom of information requests. Section 43 of information technology act basically provides for civil liability as against criminal liability which is dealt with chapter 11. Central government act section 43 in the information technology act, 2000 43 45 penalty and compensation for damage to computer, computer system, etc. Section 43a in the information technology act, 2000. Given that we are commencing a procurement process early in 2019, and are aware that the last time we procured, cost was a real issue for competitors and was the fundamental determinant. It is the responsibility of the governing body of every school to ensure that the school is able to comply with requests for information under foi. Section 432 of the foia provides a qualified exemption on the disclosure of. The freedom of information act 2000 is an act of the parliament of the united kingdom that creates a public right of access to information held by public authorities. Section 43 exempts information from the act if it is a trade secret subject to a public interest test or if its release would, or would be likely to, prejudice the commercial interests of any person, including the public body holding the data. Under this section you can claim for compensation before an adjudication officer appointed under section 46 of information technology act, if. This freedom of information request concerns what applications do you run. The following notes constitute general guidance and should not be taken as legal advice.
Bibliography of congressional publications on the 43 freedom of information. Software freedom law center safe harbour protection in india the amended section 79 of the information technology act, 2000 gives the intermediaries protection from liabilities that could arise out of any legal action initiated on the basis of user generated content. Its application is limited in scotland to uk government offices geolocated in scotland. In accordance with section 43 2 of the freedom of information act 2000, i am writing to advise you that the trust holds the information you have requested. What software products are you using to manage your it. Your request for this information has been given careful consideration. Cyber security foi 00578115 nottinghamshire police. Section 43 trade secrets and prejudice to commercial interests. The applicant did not request any sensitive pricing information.
Prohibitions on disclosure section 44 20160725 version. Where we have invoked the exemption under section 43 2, this is because. Your request has been handled under the freedom of information foi act 2000. This covers our recorded information held on computers, emails, reports, databases, photographs, or even sound and video recordings. Freedom of information act 2000 foia decision notice. Freedom of information act 2000, section 43 is up to date with all changes known to be in force on or before 05 july 2019. You have the right to request information from any publiclyfunded body, and get answers. The uhb is unable to provide you with such financial detail as this information is exempt under the foi act section 43 commercial interests. Freedom of information act 1982 federal register of legislation. This was received by ofcom on 11 january 2019 and it has been considered under the freedom of information act 2000 the act.
The support, maintenance and development contract for prism is outsourced to. We cannot provide a copy of ofcoms lan contract as it falls under the exemption in section 43 of the act. The freedom of information act 2000 foia came into force on the 1st january 2005, and it provides us with a key tool for retrieving information regarding the investments of public bodies, especially in cases where no useful responses to requests have been received. Freedom of information act 2000 request reference foi18. Freedom of information northern devon healthcare nhs trust. The prohibition, found in section 1201a1a, takes effect october 28, 2000, two years from the date of enactment of the act. The commissioner has not considered the application of section. In the first instance, the council refused to provide the information to the applicant on the basis that disclosure was prejudicial to both its and the selected bidders commercial interests, in accordance with section 43 2 of the freedom of information act 2000 the foia. The information technology act, 2000 also known as ita2000, or the it act is an act of the indian parliament no 21 of 2000 notified on 17 october 2000. Right to know request thank you for your request for information where you asked about the software used by ofcoms media or communications team. There are outstanding changes not yet made by the legislation. Exemptions freedom of information loughborough university. Section 43 commercial interests if information is withheld, you will be.
I can confirm that the national archives holds information relevant to your request. A few minutes ago, the supreme court delivered a judgement striking down section 66 a of the information technology act, 2000. Ways the council believes this figure to be exempt from disclosure under section 43 2 of the freedom of information act commercial interests. It is based on the uncitral model law on international commercial arbitration recommended by the general assembly of united nations by a resolution. Section 43 2 is a qualified and prejudicebased exemption which requires that i. Section 402 of the freedom of information act 2000 provides that.
A background to section 66a of the it act, 2000 prsindia. Owing to the context and history of the request, the service determined that it should be deemed vexatious for the purposes of section 141 of the freedom of information act 2000. Cybercrime and privacy the centre for internet and society. Request under freedom of information act 2000 thank you for. Intermediaries, users and the law analysing intermediary. Freedom of information act united states wikipedia. Any changes that have already been made by the team appear in the content and are referenced with annotations. K this section has no associated explanatory notes. Information held by the virginia commercial space flight authority that is categorized as classified or sensitive but unclassified, including national security, defense, and foreign policy information, provided that such information is exempt under the federal freedom of information act, 5 u. The commissioners decision is that section 242 is engaged and that the balance of the public interest favours maintaining the exclusion of the duty to confirm or deny whether information is held. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. Penalty and compensation for damage to computer, computer system. Under s 1 1 a of the freedom of information act 2000 foia, i can.
Pcr, it will also be exempt from freedom of information requests under section 44 of the foia. According to the information commissioner, the foia. Freedom of information act 2000 the purpose of the freedom of information act foi 2000 is to promote openness, transparency and public accountability in the nhs and other public organisations. Where we have invoked the exemption under section 432, this is because. Section 43 of the act sets out an exemption from the right to know if. If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network. Freedom of information act 2000 request for information thank you for your request for information received on 10 june 2015 in relation to the county durham and darlington nhs foundation trust trust.
Section 43 has been used to withhold information which is commercially sensitive. Section 43 is qualified exemption and is subject to the public interest test. Your request has been handled under the terms of the freedom of information act foia 2000 and has been passed to me for reply. Freedom of information act 2000 foia decision notice date. The use of this exemption has been considered carefully. Thank you for your enquiry of 18 october 2016, in which you requested contract information relating to cyber security at the national archives.
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