RE: Which law takes precedence? by Ibrahim - written 21/01/2010 13:50:10
Hi John

You can make your request under FOI as it applies to all recorded information and is better because a public body has to deal with your request. You do not have to say why you want it and what you will do with it. I cannot say if it trumps other legislation in the employment field but its is certainly far reaching and is enforced by an independent regulator to whom you can complain for free.


John wrote (20/01/2010 12:06:35):

Dear Ibrahim

My question relates to the weight of FOIA compared to other laws under which information can be requested from a public authority.

I am thinking specifically about employment discrimination
law: say I want to make a request for information regarding applications and
the application process for a job which I was unsuccessful at getting, possibly
in preparation for proceedings at a tribunal. Under which law should I make my
request? (Or perhaps under which law would I have more luck, because it carries
more weight?).

 

If I make a request under FOI can the authority say “you
need to make your request under s.YY of Z Discrimination Act” or is FOI a legitimate
channel through which to make such a request – does it trump other legislation?

 

Cheers

John




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