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Freedom of Information: 2017 Regulations replaces 2016 Regulation error




We refer you to our previous blog on the changes brought about by the Freedom of Information 2016 Regulations. The 2016 Regulations set out who could make applications on behalf of minors, incapacitated persons and deceased persons in terms of amending records (section 9 Freedom of Information Act 2014) and the right to information regarding acts of FOI bodies affecting those persons (“Section 10 Applications”). As highlighted in our previous blog, the 2016 Regulations created what we considered to be an unintended requirement in respect of deceased individuals and Section 10 Applications. The 2016 Regulations required that in order for an application to be made on behalf of a deceased individual that it would have to be made by the personal representative or spouse or next of kin of the deceased individual, and that the applicant must also be a parent or a guardian of the deceased individual. This ‘double requirement’ has now been rectified by the Freedom of Information Act 2014 (Section 9(6), 10(6) and 37(8) Regulations 2017 (“2017 Regulations”). The 2017 Regulations revoke the 2016 Regulations and have removed this double requirement. The 2017 Regulations do not make any further amendments to the 2016 Regulations. Section 10 Applications, on behalf of a deceased individual, can now be made by a personal representative or those performing a statutory function in relation to the deceased estate, or the spouse or next of kin of the deceased individual concerned. The removal of the double requirement and clarity is welcomed. Please click here for a copy of the 2017 Regulations.