FOI release

Protection and privacy of personal data

Published 4 July 2011

  • Date requested: 16 June 2011
  • Publish date: 4 July 2011
  • Updated: 18 October 2011

1. Request

Now that that the Department for Education has control over social work and children’s law, does this mean any teacher or anyone at the local education department can access personal data?

How is personal data of members of the public protected and kept private from members of council departments, and which data is kept private (unless ordered otherwise by a judge)?

And who exactly has the right to access any/all our data as and when they want to?

2. Release

The department’s guidance on information sharing for practitioners and managers is available on the Department for Education’s website. All legislation on this issue is publicly available.

The Information Commissioner’s Office also provides guidance to public bodies and individuals on the handling of personal data, and when such data can be shared lawfully between professionals.

Legislation and guidance covering the use and sharing of personal data is already publicly available and therefore exempt from disclosure under the FOIA under s.21 of the Act.