Part I
- (b) that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
(4) A public authority is not obliged to make a statement under subsection (1)(c) or (3) if, or to the extent that, the statement would involve the disclosure of information which would itself be exempt information.
(5) A public authority which, in relation to any request for information, is relying on a claim that section 12 or 14 applies must, within the time for complying with section 1(1), give the applicant a notice stating that fact.
(6) Subsection (5) does not apply where—
- (a) the public authority is relying on a claim that section 14 applies,
- (b) the authority has given the applicant a notice, in relation to a previous request for information, stating that it is relying on such a claim, and
- (c) it would in all the circumstances be unreasonable to expect the authority to serve a further notice under subsection (5) in relation to the current request.
(7) A notice under subsection (1), (3) or (5) must—
- (a) contain particulars of any procedure provided by the public authority for dealing with complaints about the handling of requests for information or state that the authority does not provide such a procedure, and
- (b) contain particulars of the right conferred by section 50.
The Information Commissioner and the Information Tribunal
The Information Commissioner and the Information Tribunal. 18.—(1) The Data Protection Commissioner shall be known instead as the Information Commissioner.
(2) The Data Protection Tribunal shall be known instead as the Information Tribunal.
(3) In this Act—
- (a) the Information Commissioner is referred to as “the Commissioner”, and
- (b) the Information Tribunal is referred to as “the Tribunal”.
(4) Schedule 2 (which makes provision consequential on subsections (1) and (2) and amendments of the 1998 c. 29.Data Protection Act 1998 relating to the extension by this Act of the functions of the Commissioner and the Tribunal) has effect.
(5) If the person who held office as Data Protection Commissioner immediately before the day on which this Act is passed remains in office as Information Commissioner at the end of the period of two years beginning with that day, he shall vacate his office at the end of that period.
(6) Subsection (5) does not prevent the re-appointment of a person whose appointment is terminated by that subsection.
(7) In the application of paragraph 2(4)(b) and (5) of Schedule 5 to the Data Protection Act 1998 (Commissioner not to serve for more than fifteen years and not to be appointed, except in special circumstances, for