Constituents' privacy
Some recent PQs

4 Jun 2007 : Column WA157

Lord Lester of Herne Hill asked Her Majesty's Government:
What assessment they have made of the extent to which the Data Protection Act 1998, the Freedom of Information Act 2000 and the Human Rights Act 1998 contain appropriate and necessary safeguards to limit or restrict the right of public access to information communicated to public authorities by Members of Parliament in their capacity as such, for preventing the disclosure of information received in confidence, and to respect the right to private life and correspondence. [HL3926]

The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Ashton of Upholland): The Data Protection Act 1998 and the Freedom of Information Act 2000 were drafted by this Government with the need to protect confidential and personal information in mind. There are provisions within the Acts to protect such information where appropriate. The Government have not made a separate assessment of the safeguards within these Acts. The Human Rights Act 1998 contains provisions to give further effect to the convention rights, which include the right to respect for private life under Article 8 of the European Convention on Human Rights.

4 Jun 2007 : Column WA158

Lord Lester of Herne Hill asked Her Majesty's Government:
Whether they have reviewed the extent to which the Data Protection Act 1998 or the Freedom of Information Act 2000 need to be amended in the public interest so as further to limit or restrict the right of public access (a) to information about the activities of Members of Parliament, or (b) to information communicated to public authorities by Members of Parliament in their capacity as such; and, if so, for what reasons and in what respects are such amendments needed. [HL3927]

Baroness Ashton of Upholland: The Government have not made a review of the kind suggested by the noble Lord. There are appropriate provisions already in both Acts to protect sensitive information.

Lord Lester of Herne Hill asked Her Majesty's Government:
Whether they have received notification of any instances in which personal or confidential information communicated to public authorities by Members of Parliament in their capacity as such has been improperly disclosed, whether in breach of the Data Protection Act 1998 or the Freedom of Information Act 2000, or otherwise. [HL3928]

Baroness Ashton of Upholland: The Government have not received notification of any improper disclosure of personal or confidential information communicated to public authorities by Members of Parliament in their capacity as such.

Lord Lester of Herne Hill asked Her Majesty's Government:
What remedies are available to individuals whose right to respect for their personal privacy has been infringed by virtue of the unauthorised disclosure of personal or confidential information about themselves, communicated to public authorities by Members of Parliament in their capacity as such. [HL3929]

Baroness Ashton of Upholland: An individual has the right to remedies following an unauthorised disclosure of personal information only where such a disclosure has been proven to contravene the relevant legislation (for example, the Data Protection Act 1998) or the common law (for example, where a duty of confidence is owed in respect of the information in question).