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Data Protection: Freedom of Information

Volume 505: debated on Wednesday 3 February 2010

To ask the Secretary of State for Justice how many meetings there have been between his Department and the Information Commissioner's Office to discuss his Department's compliance with its obligations under data protection and freedom of information legislation in the last 12 months; when each such meeting occurred; and who attended in each case. (314697)

Officials in the Data Access and Compliance Unit have met officials from the Information Commissioner's Office on three occasions since the Unit was created in October 2008.

Officials in the Ministry continue to have regular contact with the Information Commissioner's Office, both to discuss its overall performance in relation to its data protection and freedom of information obligations, and in the course of the Commissioner's investigations in individual cases.

To ask the Secretary of State for Justice what steps have been taken to ensure that outstanding freedom of information and subject access requests to his Department are answered within the statutory timescale; and which official in his Department has responsibility for advising Ministers on freedom of information. (314698)

The creation of the Data Access and Compliance Unit in October 2008 has allowed the Ministry to make significant improvements to its Freedom of Information and Data Protection performance. The Unit has taken forward a programme of wide-ranging work since its inception, including improving staff awareness of the Ministry's obligations under both pieces of legislation, and the extension of the network of staff responsible for handling requests within business areas.

Where appropriate Ministers receive advice in relation to individual cases from officials in the Ministry's Information and Legal Directorates.

To ask the Secretary of State for Justice what training has been provided to (a) him, (b) the Minister of State with responsibility for freedom of information and data protection, (c) the Permanent Secretary and (d) the Director-General, Democracy, Constitution and Law on his Department’s responsibilities under freedom of information and data protection legislation; and if he will publish the written material provided in relation to such training. (314699)

Ministers and senior officials at the Ministry are fully aware of its obligations under Freedom of Information and Data Protection legislation, and expect it to achieve the highest possible standards of compliance.

No bespoke Freedom of Information training has been provided to either Ministers or senior officials. However, all members of the Ministry’s staff—including the permanent secretary and the director general, democracy, constitution and law—are required to complete mandatory online training on the correct handling of information and ensuring data is appropriately protected in line with the requirements of the Data Protection Act. The training package exists in electronic form on a password protected website accessible only to the Ministry’s staff, and to transfer it into a form appropriate for publication would incur disproportionate cost.

Ministers and senior officials are advised on a regular basis of the Ministry’s performance in these areas, as well as receiving policy and legal advice in relation to individual cases where appropriate.