1 - The Black Vault

D/DC&L(F&S)/29/4/1
16 August 2000
Sec(AS)2a1*
Copy to:
OMD14*
OMD16*
DR1*
CODE REQUEST: DR DAVID CLARKE
1. OMD14 has passed us your minute (D/Sec(AS)/64/3) of
7 August in relation to Dr Clarke's request for access to
Departmental records on UFOs.
2. First of all, I want to point out that the Data
Protection Act 1998 is irrelevant in this context. Dr
Clarke is not asking to see what papers we hold on him.
The key principle regarding disclosure of these and all
other MOD documents continues to be the obligation by the
Department, both in common law and as an employer, to
protect the confidentiality of its current and former
employees (Service and civilian) and third parties. This
obligation may only be over-ridden by consent, where
there is an over-ridding public interest, or where
statutory law (e.g. the Public Records Act) allows. As
you suspected, it is the latter - the third party angle -
that is important here. All personal details will need
to be deleted before he can have access to the papers
still held by the MOD.
/
3. However, the historical branches have a special
dispensation from the normal disclosure practice to
enable privileged access to be given to bona fide
historical researchers (see JSP 400, paragraph 3.23
located on the Web at "Instructions", then "JSP 400".)
Whether Dr Clarke comes into this category I leave to you
to decide. It may be material that he does not know that
we do not yet have a FOI Act; the Bill is still going
through Parliament.
[signed]
DDC&L(F&S)Legal
MT3/28
Fax: