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The Access to Personal Files and Medical Reports (Northern Ireland) Order 1991

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This is the original version (as it was originally made).

Definition of accessible personal information

3.—(1) In this Part—

(a)“personal information” means information which relates to a living individua l who can be identified from that information (or from that and other information in the possession of the authority keeping the record) including any expression of opinion about the individual but not any indication of the intentions of the authority with respect to that individual;

(b)“accessible personal information” means, subject to paragraph (2), information which is held in a record kept by an authority specified in the first column of the Table in the Schedule and is information of a description specified in the second column of that Table in relation to that authority;

and any obligation to give access to information is an obligation to give access to the individual who is the subject of it or is, under that Schedule, to be treated as such.

(2) As respects any regulations under Article 5, information is not accessible personal information if recorded before—

(a)the date on which the regulations came into operation; or

(b)the first date on which regulations imposing a corresponding obligation came into operation,

except to the extent that access to it is required to make intelligible information recorded on or after that date.

(3) The Northern Ireland department which in accordance with paragraph (4) is the relevant department in relation to an authority for the time being specified in the first column of the Table in the Schedule may by order subject to affirmative resolution amend the description of information for the time being specified in the second column of that Table in relation to that authority or the provisions of paragraph 2 of that Schedule which apply for the interpretation of that description.

(4) In this Part “the relevant department” means—

(a)in relation to the Northern Ireland Housing Executive, the Department of the Environment;

(b)in relation to a Health and Social Services Board, the Department of Health and Social Services.

(5) The chief executive member may by order made subject to affirmative resolution amend the Table in the Schedule by adding to the list of authorities set out in the first column of that Table.

(6) An order under paragraph (5) shall, in relation to each authority added to the first column of the Table in the Schedule,—

(a)amend the second column of that Table (and, if necessary, paragraph 2 of the Schedule) so as to specify the information which is to be accessible personal information in relation to that authority; and

(b)amend paragraph (4) so as to specify the Northern Ireland department which is to be the relevant department in relation to that authority.

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