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FREEDOM OF INFORMATION ACT 1982 - SECT 61C Referral of complaint to another body

FREEDOM OF INFORMATION ACT 1982 - SECT 61C

Referral of complaint to another body

S. 61C(1) amended by No. 20/2017 s. 53(1).

    (1)     This section applies if the Information Commissioner considers that a complaint could be dealt with more effectively or appropriately by another person or body who or which has jurisdiction to deal with the complaint.

S. 61C(2) amended by No. 20/2017 s. 53(1).

    (2)     If the Information Commissioner considers it appropriate to do so, the Commissioner, after consulting with the person or body, may—

        (a)     decline to deal with the complaint; and

        (b)     refer it to the person or body.

S. 61C(2A) inserted by No. 20/2017 s. 53(2).

    (2A)     The Information Commissioner may communicate to a person or body to whom or which a complaint is referred any information obtained or received in the course or as a result of the exercise of the functions of the Information Commissioner under this Part, being information relating to a complaint referred to the person or body.

S. 61C(2B) inserted by No. 20/2017 s. 53(2).

    (2B)     The Information Commissioner may decide to deal with a complaint as if it were a complaint made under the Privacy and Data Protection Act 2014 if the Information Commissioner considers that the complaint could be dealt with more effectively or appropriately under that Act.

S. 61C(3) amended by No. 20/2017 s. 53(1)(3).

    (3)     If the Information Commissioner refers a complaint to a person or body under this section, or decides to deal with the complaint under the Privacy and Data Protection Act 2014 , the Commissioner must give notice in writing to the complainant.

S. 61C(4) amended by No. 20/2017 s. 53(1).

    (4)     The notice must set out the decision of the Information Commissioner and the reasons for the decision.

S. 61D inserted by No. 6/2012 s. 24.