What does "without prejudice to the generality of the foregoing" mean
in an Act of Parliament?
EXAMPLE
"personal information" means information about an identifiable
individual that—
( a ) would, in the ordinary course of events, be known only to the
individual or members of the family, or friends, of the individual, or
( b ) is held by a public body on the understanding that it would be
treated by it as confidential,
and, without prejudice to the generality of the foregoing, includes—
(i) information relating to the educational, medical, psychiatric or
psychological history of the individual,
(ii) information relating to the financial affairs of the individual,
(iii) information relating to the employment or employment history of
the individual,
(iv) information relating to the individual in a record failing within
section 6 (6) (a),
(v) information relating to the criminal history of the individual,
(vi) information relating to the religion, age, sexual orientation or
marital status of the ndividual,
(vii) a number, letter, symbol, word, mark or other thing assigned to
the individual by a public body for the purpose of identification or
any mark or other thing used for that purpose.
(viii) information relating to the entitlements of the individual
under the Social Welfare Acts as a beneficiary (within the meaning of
the Social Welfare (Consolidation) Act, 1993) or required for the
purpose of establishing whether the individual, being a claimant
(within the meaning aforesaid), is such a beneficiary,
(ix) information required for the purpose of assessing the liability
of the individual in respect of a tax or duty or other payment owed or
payable to the State or to a local authority, a health board or other
public body or for the purpose of collecting an amount due from the
individual in respect of such a tax or duty or other payment,
(x) the name of the individual where it appears with other personal
information relating to the individual or where the disclosure of the
name would, or would be likely to, establish that any personal
information held by the public body concerned relates to the
individual,
(xi) information relating to property of the individual (including the
nature of the individual's title to any property), and
(xii) the views or opinions of another person about the individual,
but does not include—
(I) in a case where the individual holds or held office as a director,
or occupies or occupied a position as a member of the staff, of a
public body, the name of the individual or information relating to the
office or position or its functions or the terms upon and subject to
which the individual holds or held that office or occupies or occupied
that position or anything written or recorded in any form by the
individual in the course of and for the purpose of the performance of
the functions aforesaid,
(II) in a case where the individual is or was providing a service for
a public body under a contract for services with the body, the name of
the individual or information relating to the service or the terms of
the contract or anything written or recorded in any form by the
individual in the course of and for the purposes of the provision of
the service, or
(III) the views or opinions of the individual in relation to a public
body, the staff of a public body or the business or the performance of
the functions of a public body;
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Does it mean that anything which falls into any of (i) to (xii) IS
deemed to be "personal information", no other tests to be applied; and that (a)
or (b) are there to cover other cases that are not covered by (i) to
(xii)?
Or even though the information falls into any (i) to (xii), must (a)
or (b) then be applied on top of any of (i) to (xii)? |
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