HSE uses interactive website to seek views on information disclosure

HSE Press Release: E035:04 - 22 March 2004

The Health and Safety Executive (HSE) has launched a new interactive consultation system on its website. This is being used for the first time to seek views on how restrictions on HSE disclosing information can be brought into line with the Freedom of Information Act 2000 (the FOI Act).

Much information HSE holds is provided either in compliance with a legal duty or because inspectors require it during investigations. Currently, Section 28 of the Health and Safety at Work etc. Act 1974 (the HSW Act) restricts the circumstances in which HSE can disclose such information to third parties. Essentially, unless the provider gives their consent, information cannot be disclosed except for legal proceedings; in connection with functions conferred by the HSW Act or related to public health or safety; or as otherwise provided in law - e.g. the Data Protection Act. Section 28 does not allow HSE to take account of wider public interest arguments in favour of releasing information.

Introducing this pilot exercise, HSE consultation manager Keith Pritchard said: "If you have to provide information to HSE, or you look to HSE to release information, you may want to know what effect the FOI Act will have on section 28. From 1 January 2005, information covered by section 28 will no longer have special protection, and requests for access must be treated in the same way as for other information. That means taking account of the strong presumption in the FOI Act that the public interest requires information to be made available. We would like your views on how section 28 can best be amended to take account of the FOI Act.

"In addition, if you want HSE to take account of your interests in particular health and safety topics - including risk assessment, manual handling and stress, you can register those interests now using the new system. This will enable us to notify you of new developments in these areas when HSE is seeking views and give you an opportunity to contribute."

Notes to editors

1. Situations where HSE currently cannot disclose information under section 28 of the HSW Act, but the public interest would otherwise be expected to favour doing so, include:

• providing bereaved relatives with the kind of information that the deceased person would have been entitled to receive under the Data Protection Act 1998, and
  
• making available information provided by a company that has since gone out of business or cannot be traced, thus making it impossible for HSE to seek consent.

When section 28 is brought in line with the FOI Act, HSE expects to be able to release such information.

2. The Data Protection Act 1998, which gives effect to European law, disapplies the restrictions imposed by section 28. HSE can therefore disclose information to individuals which is their personal data, even if that information is otherwise subject to section 28.

3. As well as introducing a general right of access to information, the FOI Act also provides exemptions to that right. These mainly apply where disclosure of the information would not be in the public interest, e.g. because it would prejudice law enforcement or because it would constitute an actionable breach of confidence.

The consultation system can be accessed at http://www.hse.gov.uk/consult/live.htm and will be open until 21 May 2004.

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