Ministers consider new restrictions on data access rights

The government has slipped out proposals to curb citizens' rights to obtain access to files kept on them, including credit card information, under the Data Protection Act.

The move follows a spate of embarrassments for ministers as a result of the data act; including the Tory peer, Lord Ashcroft, obtaining embarrassing documents on him from the Foreign Office, and Liberal Democrat MPs being able to prove that ministers hid information from parliament

Details of the government's thinking are revealed in a consultation paper released on the Lord Chancellor's Department website. It asks for views by January 31 next year on new restrictions, used in other EU countries.

The proposals last night led to criticism from open government campaigners and MPs.

Maurice Frankel, director of the Campaign for Freedom of Information, said: "The whole approach of this document is to ask people to comment on more restrictions, rather than asking them to comment on extending people's rights.

"There is nothing in the paper on lifting the ban on people getting explanations why they are refused information, and on having a right of appeal. Instead it concentrates on listing practically every restriction in the rest of Europe. This could lead to people being prevented from getting details held on them by credit card companies in certain circumstances."

The biggest potential restriction is a proposal to align exemptions under the Data Protection Act more closely with the Freedom of Information Act.

The effect of this would give the government the right not to release information that revealed policy options or information from ministers' private offices.

The government could refuse to release information such as that contained in a draft parliamentary answer prepared for Malcolm Wicks, a junior work and pensions minister, which disclosed that working single mothers could lose money under a new child support agency payment system.

Last night Steve Webb, the Liberal Democrat work and pensions spokesman, said: "This shows that the government's heart is not in extending open government. It shows that, where there is any open government, the reaction is to try and restrict information."

Other questions posed by the consultation papers include whether fees charged for information should be altered or abolished, and whether officials should be given more or less time than the present 40 days to reply to requests. The consultation papers also question whether there should be fresh restrictions on the frequency of requests, or powers for the private sector to restrict the release of information.

The public have had wide-ranging rights to get access to personal files since 2000 under data legislation.

The Council of Europe is considering whether to rewrite data protection rules. Meetings to discuss possible changes have been held in secret.