Under a FOI request? Please can someone show me in the legislation where the “less than 5” rule applies?
Under a FOI request? Please can someone show me in the legislation where the “less than 5” rule applies?
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Simon
I think what you’re talking about is inference control (see p52 of the ICO’s Anonymisation COP below). If you’ve got small numbers of individuals (eg <5) if may be possible to identify the individuals by combining it with other data. If the request asks for x numbers of patients with y diagnosis in postcodes a, b, and c, you could potentially use that information to identify someone. Hence the reason to use the inference control.
This is (in my experience) a generally accepted formula, certain the ICO had no issue with it when I've had challenges in my FOI days.
https://ico.org.uk/media/for-organisations/documents/1061/anonymisation-code.pdf
ir2021
Not sure I understand the question. Identifiable data is
exempt from disclosure under Section 40(2) of the Freedom of Information Act.
If the number is very low (less than 5) the information cannot be disclosed as
it could potentially identify the individuals involved, especially if combined with
other data, and this would constitute a breach of the Data Protection Act 1998.
Therefore, this information is exempt from disclosure under section 40(2) of
the Freedom of Information Act 2000.
Dave_Wylie
I would suggest pitching this question at Tim Turner of 2040training who is very knowledgeable on all aspects of FOI.
Sadly i am not much of an expert in this area. Sorry.