Michael Ahern (Cork East, Fianna Fail)

Section 4 amends section 6 of the principal Act by substituting the word "contain" for the words "relate to" in subsection (5)(v). This amendment is necessary to clarify that a personal record created prior to the date of commencement of the principal Act, 21 April 1998, can be accessed if the information in the record satisfied the definition of personal information contained in section 2 of the principal Act.

The purpose of this provision is not to restrict information but to achieve clarity. The use of the words "relate to" carries the potential for inconsistent application because different public bodies may interpret what "relate to" means in different ways. When dealing with personal information it is very important that decision makers have a clear understanding as to what constitutes personal information.

Section 2 of the Act contains a definition of personal information that is comprehensive but not exhaustive. This definition provides that personal information means information about an identifiable individual that would, in the ordinary course of events, be known only to the individual or members of family or friends of the individual, or is held by a public body on the understanding that it would be treated by it as confidential.

Without prejudice to the generality of these two conditions, the definition then lists comprehensive categories of information that is to be considered personal. By replacing "relate to" with "contain" a decision-maker only has to examine the definition of personal information I have mentioned and satisfy him or herself that it meets the definition rather that having to decide whether a record relates to personal information. In short, "relate to" is simply too vague a formulation in this important and sensitive area. The meaning of "relate to" has already been the subject of an appeal under the Freedom of Information Act to the High Court.

This is a sensible provision designed to achieve clarity. I reject any assertion that it is designed to restrict information. I note that a leading authority on freedom of information in Ireland, Maeve McDonagh, was quoted in The Sunday Times on 9 March as saying that she saw no difficulty with this amendment and I believe it is reasonable.