Freedom of Information

[bigmango]

Can I obtain, under the Freedom of Info Act, details of a persons educational qualifications and where they obtained a relevent period of teaching (ie 12months teaching at higher education}. I have asked for this information and been refused.

[Yorkie580]

It may be that they feel the inofrmation is personal and therefore exempt from disclosure.

A more general request, such as proof that somebody is qualified, and the manner in which qualifications are checked by the organistaion, may be granted.

I'm not an expert but I think that personal information about individuals is exempt from the scheme.

This link has more information but is very much written in legal terminology:

http://www.opsi.gov.uk/acts/acts2000/00036--e. htm

Hope this helps.

[kempie]

The Data Protection Act 1998 (DPA) enables individuals access to information of which they are the subject, e.g. someone's own education/medical records, credit reference file etc.

The Freedom of Information Act 2000 (FOIA) enables people access to information which is held by/on behalf of public authorities and those bodies carrying out a public function if it does not fall under the access regime of the DPA.

[Stu Dent]

You can get the information you want under freedom of information if the data protection act allows it, so in effect, your remedy is within the DPA not the FOIA.

You have no right to obtain sensitive personal data, but Section 2 of the DPA 1998 defines 'sensitive personal data' , and it does not appear to prevent disclosure of the information you require unless it is likely to cause the data subject 'distress' or 'damage' (Section 10).

So in my opinion, you can get what you want.

If this is an employer/employee relationship then another remedy is within employment/contract law. If a material requirement of the job to have particular qualifications, then I would argue that there is an implied obligation on the employee to show proof of those qualifications. Failure to provide proof would give rise to disciplinary action. Make sure you follow the correct disciplinary procedures to avoid a wrongful dismissal action.

[dknowles2007]

The law regarding the disclosure of personal data is detailed in the Data Protection Act 1998. If you wish to obtain personal data held by others about yourself you are likely to be able to do so on payment of the relevant fee.

You are unlikely to be able to obtain personal data about someone else (unless it concerns your children but there are exemptions).

Requests for information in accordance with the Freedom of Information Act 2000 are intended to be for information that does NOT concern a person or person/s especially if it is likely to breach the Data Protection Act rules.