PDP9 practice question 7 of 10
Where are the definitions of "Public Authority" and "Public Bodies" found?
Full set: 40 questionsThe definitions for "Public Authority" and "Public Body" in the UK information rights framework are found in both the Data Protection Act (DPA) 2018 and the Freedom of Information Act (FOIA) 2000. The DPA 2018, in Section 7, provides a specific definition for the purposes of data protection law. Crucially, this definition explicitly incorporates the definition of a "public authority" as established in the Freedom of Information Act 2000. The FOIA 2000, in its Section 3 and Schedule 1, provides the foundational list and criteria for what constitutes a public authority in the UK. Therefore, to fully understand the scope of these terms, both Acts must be consulted.
B. GDPR and Data Protection Act 2018: The GDPR requires member states to define "public authority" in their national law; it does not provide the UK-specific definition itself.
C. Data Protection Act 2018 and PECR: The Privacy and Electronic Communications Regulations (PECR) concern electronic marketing and communications, not the primary definition of public bodies.
D. Data Protection Act 2018 only: This is incorrect because the DPA 2018's definition is not self-contained; it directly relies upon and cross-references the definition within the FOIA 2000.
1. Data Protection Act 2018, c. 12, Section 7 ("Meaning of 'public authority' and 'public body'"): Section 7(1) states, "For the purposes of the applied GDPR, the following are a 'public authority' or a 'public body' ... (a) a public authority as defined by the Freedom of Information Act 2000". This directly links the DPA's definition to the FOIA. (Source: legislation.gov.uk, an official source for UK legislation).
2. Freedom of Information Act 2000, c. 36, Section 3 ("Public authorities"): Section 3(1) states, "In this Act 'public authority' means— (a)...any body which...is listed in Schedule 1". Schedule 1 then provides an extensive list of government departments, legislative bodies, armed forces, local authorities, and other public entities. (Source: legislation.gov.uk).
3. University of Cambridge, Courseware, "Freedom of Information" module: Course materials on UK information law consistently teach that the definition of a public authority for both freedom of information and data protection purposes originates in the FOIA 2000 and is then adopted by reference in the DPA 2018. This establishes the foundational role of FOIA in defining the term. (Reference to general principles taught in UK public law and information rights courses at reputable UK universities).
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