The Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005

Sensitive information

45.—(1) In these Regulations, “sensitive information” means information which is –

(a) information the disclosure of which to the public would, or would be likely to, adversely affect national security;

(b) information the disclosure of which to the public would, or would be likely to, adversely affect public safety;

(c) information disclosure of which to the public would, or would be likely to, prejudice the commercial interests of any person; or

(d) information which is personal data, within the meaning of section 1(1) of the Data Protection Act 1998(1) if the condition in paragraph (2) or (3) is satisfied.

(2) The condition in this paragraphs is –

(a) in a case where the information falls within any of paragraphs (a) to (d) of the definition of “data” in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public would contravene –

(i) any of the data protection principles; or

(ii) section 10 of that Act(2) (right to prevent processing likely to cause damage or distress);

(b) in any other case, that the disclosure of the information to a member of the public would contravene any of the data protection principles if the exemptions in section 33A(1) of that Act(3) (which relate to manual data held by public authorities) were disregarded.

(3) The condition in this paragraph is that by virtue of any provision of Part 4 of the Data Protection Act 1998 the information is exempt from section 7(1)(c) of that Act (data subject’s right of access to personal data).

(4) In determining for the purposes of paragraph (2) whether anything done before 24^th October 2007 would contravene the data protection principles, the exemptions in Part 3 of Schedule 8 to the Data Protection Act 1998 shall be disregarded.

(1)

1998 c. 29.

(2)

Amended by S.I. 2003/1887.

(3)

Inserted by the Freedom of Information Act 2000 (c. 36), section 70.