DOF/2022-0206
The lawfulness, fairness and transparency test
Business areas are required to carry out a “lawfulness, fairness and transparency test” when
considering the disclosure of third party personal data falling within the scope of a FOI
request.
In most cases, neither of the lawful basis outlined below wil apply, however the
business area must complete the test as evidence as having considered.
The steps are as follows:-
1. Consider the Personal Data fal ing within the scope of the request
What is the nature of the data, are there references to a name, location, physical,
genetic, economic, cultural identifiers, include how the information held is linked to
the data subject, e.g. is it used to inform decisions affecting them.
Brief description: Information that may potential y identify individuals in this case -
telephone numbers.
NB If the information held is
special category o
r criminal offence data, disclosure is
only lawful if explicit consent exists or the data subject(s) has placed the information
in the public domain.
2. Lawfulness
Do either of the two lawful basis below which allow for the disclosure of personal data
apply?
No
☐
Consent: This wil apply when the data subject(s) clear consent exists that
allows you to disclose the personal data falling within the scope of this request.
E,g, a member of staff may agree to their name being disclosed.
☐
Legitimate interests: the disclosure is necessary for the Department’s
legitimate interests or the legitimate interests of a third party that overrides the
data subject(s) rights and freedoms, particularly their right to privacy.
If no, an exemption/exception for 3rd party personal data will apply and the form is
complete.