Information Rights in Practice: The Non-legal Professional's Guide

Citation

(2008), "Information Rights in Practice: The Non-legal Professional's Guide", Records Management Journal, Vol. 18 No. 3. https://doi.org/10.1108/rmj.2008.28118cae.003

Information Rights in Practice: The Non-legal Professional's Guide

Article Type: Publications From: Records Management Journal, Volume 18, Issue 3

Alan SteadFacet20089781856046206£39.95Keywords: Electric records management, Information rights, Data protection, Legislation

As Alan Stead points out, information rights is a very complex topic yet it is one that affects all of us in some way. This book is aimed at those involved in dealing with this complex world of information rights legislation. It guides the reader through the law in a clear, practical way.

Stead spends a lot of time dealing with the complexities of Data Protection legislation, explaining the dangers of disregarding the Act or of applying it inappropriately. There is a whole chapter on the tricky issue of defining "personal data" with the emphasis on what this means in relation to dealing with requests for access to personal information. The whole book gives examples of case law in a way that makes them accessible to non-legal professionals and explains their significance to the way the information legislation is evolving.

The chapter on the scope of the Data Protection Act is very welcome as other guidance issued on this piece of legislation has tended to focus more narrowly on dealing with subject access requests. In this publication we get an explanation of the other parts of the Data Protection Act such as the issue of direct marketing, Notification and many other key areas. The quick romp through the Data Protection Principles touches on all the main points and gives clear explanations of each principle with examples taken from every day life and situations. The importance of the right of an individual to access their personal data is given due emphasis and the author explores how to establish under which piece of legislation access should be considered. As well as the theoretical discussion, there is a continuation of the practical advice for people dealing with Data Protection and Freedom of Information (FOI) within organisations. The complicated issue of access to third party data is also covered in useful detail with examples of the situations an information professional is likely to face such as confidential references, etc. Data sharing is covered, examining how the Act protects personal data while still allowing for legitimate data sharing. It gives clear and easy to follow guidelines for identifying where and how it might be appropriate to share data.

FOI and the environmental information regulations are considered together with a useful explanation of where these two pieces of legislation differ from one another. Some basic information is given, such as explanations of what formulates a request under FOI and the chapter dealing with FOI exemptions is surprisingly brief, although considering the large scope of the book this is understandable. It does give a starting point for consideration of the exemptions and provides a detailed look at the Public Interest Test and where this applies. The section on Publication Schemes gives a handy example of a Scheme and the discussion on the benefits and limitations of disclosure logs is also interesting. There is also a very useful explanation of the role of the Information Commissioner and the Information Tribunal.

The book also looks at other legislation that has an impact on disclosure of information under DPA and FOI, such as the Crime and Disorder Act and the Copyright Designs and Patents Act, as well as legislation on the periphery of the information rights arena, such as the Human Rights Act and (topically) the Investigatory Powers Act. This additional legislation feels a little like the poor relations lumped together at the end of the book, although it does display how broad the field of information rights can be, and there are clear examples to show how each of the Acts refers to the other with issues such as access to personal information.

This book makes the topic of information rights easily accessible in a practical way. While breaking down the issues of information rights legislation into practical chunks it still demonstrates how all the pieces work together and should be considered together. One of its key strengths is the way it de-mystifies a great deal of the case law that surrounds Data Protection and FOI legislation and provides practical examples of the issues it is exploring. On occasion it was clear it was only skimming the surface of more complicated issues; however it provides a starting point for the novice and is still interesting to those with a little more experience who want guidance on specific issues.

Suzie MereweatherUniversity of Surrey, Surrey, UK