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Right to one’s own personal data despite FOI exemptions
Decisions | 10 February 2023
Ministry of Health & Wellness
An applicant requested records relating to a recruitment exercise at the Mosquito Research and Control Unit (MRCU) in which he was a candidate. One part of the request was dealt with by MRCU, resulting in the disclosure of numerous records, and the other part was handled by the Ministry of Health and Wellness. After numerous delays, the Ministry eventually disclosed a heavily redacted email about the recruitment process involving the applicant. It claimed that further disclosure would prejudice free and frank deliberations and the effective conduct of public affairs.
As required under the amended FOIA, the Ombudsman considered the impact of the Data Protection Act (DPA) and found that the Ministry had disclosed some, but not all, of the applicant’s own personal data he was entitled to. The Ombudsman ordered that all the relevant personal data be disclosed.