25 March 2004 - HSE's New Online Interactive Consultation System
The Health and Safety Executive (HSE) is using the freedom of information consultation exercise, launched on 22 March 2004, to trial its new online interactive consultation system to seek views on bringing section 28 of the Health and Safety at Work Act 1974 in line with the Freedom of Information Act 2000.
Currently, s.28 of the Health and Safety at Work, etc Act 1974 (HSWA) restricts the circumstances in which the HSE can disclose such information to third parties.
Unless the provider gives their consent, information cannot be disclosed except:
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for legal proceedings
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in connection with functions conferred by the HSWA or related to public health or safety
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as otherwise provided in law, e.g. the Data Protection Act 1998.
Section 28 does not allow the HSE to take account of wider public interest arguments in favour of releasing information. However, there will be no need for these restrictions once the Freedom of Information Act 2000 comes fully into force on 1 January 2005.
A general right of access from that date will be given for information held by public bodies, subject to the Act's exemptions.
The consultation ends on 21 May 2004 and can be found here.
