Public authority and public body | Practical Law

Public authority and public body | Practical Law

Public authority and public body

Public authority and public body

Practical Law Glossary Item w-014-8196 (Approx. 2 pages)

Glossary

Public authority and public body

A term that describes governmental organisations that carry out tasks in the public interest. In some jurisdictions, public bodies may be exempt from certain data protection requirements that apply to private organisations. The term public authority may have specific definitions in different jurisdictions.
The UK Data Protection Act 2018 (DPA 2018), for example, adopts the definition of public authority used in the Freedom of Information Act 2000 (FOIA), and in Scotland the Freedom of Information (Scotland) Act 2002, and provides that further public authorities may be designated by the Secretary of State in regulations made under the DPA 2018 (section 7(1), Part 2, Chapter 2). An organisation qualifies as a public authority or body only when performing a task carried out in the public interest or in the exercise of official authority vested in it (section 7(2), Part 2, Chapter 2).
The General Data Protection Regulation (GDPR) does not define the term public authority.