Hi
The form has date of birth of each person so it is easy to identify people to be redacted.
Some time ago from an FOI request the Information Commissioner ruled that information could only be released on people who were deceased. I'm curious as to whether the Information Commissioner has varied their ruling or whether the Department (NHS?) has the authority to vary it, if not, then I dont know how they can release information on living people over 100 years old.
You will be able to apply for information on redacted people now deceased but FindMyPast have given no indication as to how that will be done nor whether there will be a fee to process the request.
Andy
If you are referring to the Freedom of Information claim that I made in 2009 then yes you are correct the Information Commissioner ruled that information could only be released on people who were deceased.
HOWEVER I believe the Information Commissioner misdirected himself when he considered the following-
23. In addition to this, the Commissioner also notes that the withheld information would fall under the definition of ‘personal census information’ as set out in the Census Act 1920 (the “Census Act”). Section 8(2) of the Census Act specifies that if the Registrar General, or any person under his control or supplying services to him, discloses any personal census information to another person without lawful authority, he is guilty of an offence – this has previously been considered in detail by the Commissioner in FS50147944.1 Whilst the Commissioner is aware that the 1939 Register does not fall under this legislation, he believes that the statutory bar contained therein is indicative of public policy in relation to personal information of this nature.
The reason I believe that this is a misdirection is the Acts like the Marriage Act, 1949 and the Births and Deaths Registration Act, 1953 contain the same or similar information but public policy demands that such information be released on payment of a fee.
One cannot claim one particular Act is indicative of public policy in relation to personal information of this nature when at least two (and indeed more) Acts legislate for the reverse.
I did not appeal it at the time as I had won what I wanted at the time and contented myself with that.
The 100 year rule is a figment of people’s imagination it does not exist in law.
It was enacted in1966 (Lord Chancellor’s Instrument number 12); it was repealed by the Freedom of Information Act 2000.
For the Information Commissioner to claim public policy of 100 years of secrecy (something that was not enacted until 45 years later) credits the public with the ability to foretell the future.
What he should have done is to look at how similar releases of information were treated at the time or previous to the 1939 National Registration and he would see that census records were being released between 70 and 80 years after they had been taken in England & Wales.
As with the 1921 Census the National Archives claims it will be released in 2022 but the legislation that controls it's release the Census Act 1920 (as amended) clearly states now information is to be released and puts no time span as to how long the restriction lasts.
It is therefore just as legal to release the information today as it it is on the 2nd January 2022 or to put it another way if it is illegal to release it today it will still be illegal in 2022 unles legislation is passed in the meantime allowing such a release.
Cheers
Guy
