The overlap between FOIA and the DPA gives rise to a number of difficult problems.
In a paper just posted on 11KBW’s website (and originally delivered to a JUSTICE/Sweet & Maxwell conference in December 2008) I discuss some of these issues. In particular, I deal with the practical problems that arise when an individual makes a request for information to a public authority and some (but not all) of the information constitutes his own personal data. Because the request falls under both the DPA and FOIA, the Information Commissioner will need to deal with any complaint under two different legal regimes; if the requester subsequently appeals, the Information Tribunal will not have jurisdiction to deal with all the issues raised by the request. The article suggests that the present position is unsatisfactory and discusses options for reform.