Freedom of Information

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FAQs

• When is the Freedom of Information Act (FOIA) 2000 effective from?
• What does the Freedom of Information Act create?
• Is the FOIA retrospective?
• What types of exemptions are there?
• What are absolute exemptions?
• What are qualified exemptions?
• How are requests made?
• What is the enquirer entitled to be told?
• What are the reasons for not complying with a request?
• What is the time limit for responding to an FOI request?
• Can the council charge for requests?
• Is there a right of appeal?

When is the Freedom of Information Act (FOIA) 2000 effective from?

The Freedom of Information Act is effective from 1st January 2005. It will make the council more accountable and open to the public. The act will have a huge impact on the culture of the council with regards to information management.

What does the Freedom of Information Act create?

The act creates a right to request information from public bodies.

Is the FOIA retrospective?

The Act is fully retrospective so it applies to any information we hold at the time of the request no matter how old it is.

What types of exemptions are there?

The exemptions fall into two types either absolute or qualified. If an absolute exemption applies, you are entitled as of right to withhold the information. If a qualified exemption applies, you have to apply what is called a "public interest" test. Some of the exemptions are only applicable to Central Government Departments. This guidance concentrates on those most likely to be of relevance to the Council.

What are absolute exemptions?

If any of the following exemptions apply, you do not have to consider the public interest test. You can just rely on the exemption: • Information Accessible by other means (is it a published work? Is it in a publication scheme?) • Information supplied by security bodies (which should be accompanied by a certificate signed by the Minister) • Court Records* • Where there would be a breach of law or contempt of Court • Personal information where the person making the request is the data subject (in which case it is a Data Protection Request) • Information provided in confidence (only where there would be an actionable claim for breach of confidence in law -see separate advice on this) • Information where disclosure is prohibited under another Act Those marked with an * can be exempt for 30 years.

What are qualified exemptions?

If any of the following exemptions apply, you have to consider the public interest test. • Information intended for future publication (the intended publication does not have to be by us or the date determined) • National Security and defence (a certificate signed by the Minister will be evidence of this) • Internal and relations (i.e. if disclosure would prejudice relations between the UK and another state) • Relations within the UK * (This relates to central government relations) • The Economy (if disclosure would prejudice the economic interests of the UK or any part of it) • Investigations and proceedings by public authorities (where it is held for the proposed criminal investigations, law enforcement or criminal proceedings) • Law enforcement (if it would prejudice the prevention and detection of crime or assessment or collection of tax etc) • Audit functions * Only in so far as it relates to auditing of other authorities functions • Formulation of government policy * (Only relates to Government Policy) • Effective conduct of public affairs (Relates to any public body - so includes the Council - requires a certificate from a "qualified person" Regulations say who this will be) • Communications with the Queen * • Health & Safety if disclosure would endanger either • Environmental Information (there is separate legislation on this which requires publication of such information) • Legal professional privilege (recent case law has limited scope of this) * • Commercial interests (including those of the Council) • Request for personal information about another person (see separate guidance on this) Those marked with an asterisk (*) can only be exempt for 30 years. So any document to which this exemption may apply, which is more than 30 years old will not be subject to the exemption.

How are requests made?

The request must be in writing (which includes fax or email). All enquiries for information that are not covered by the Data Protection Act 1998 (i.e. from individuals to see their own personal information) or environmental information requests are automatically covered by FOI. Requests must be clear enough to enable the authority to identify and locate the information requested. (However, if the council needs further clarification in order to identify and locate the information requested, then we must tell the requester what information we require in order to do so.) The council may make further enquiries to deal with a request. The council need not supply information where the cost of compliance exceeds an appropriate limit, nor where requests are vexatious or repeated.

What is the enquirer entitled to be told?

The enquirer is entitled to be told whether the council holds the information (this is known as the duty to confirm or deny) and, if so, to have access to it. Access can include providing extracts of a document or a summary of the information sought, or access to the original document. However, the Act recognises the need to preserve confidentiality of sensitive information in some circumstances and sets out a number of exemptions, which are capable of limiting the duty to supply information alone, or both the duty to supply information and the duty to confirm or deny.

What are the reasons for not complying with a request?

From 1 January 2005 under FOI there will be only four reasons for not complying with a request for information: • one or more of the exemptions apply • the information is not held • the cost threshold is reached (likely to be £600) • the request is considered vexatious and repeated

What is the time limit for responding to an FOI request?

There are time limits for responding to requests for information. The clock starts ticking from the time you receive the request. You should reply promptly and within the prescribed limit of 20 working days. Sometimes the clock is stopped temporarily, for example, where you have asked the enquirer for more information to enable you to answer, or you await fee payment.

Can the council charge for requests?

The council may charge a fee for complying with requests, as determined in accordance with FOI regulations. If we do charge, we must give written notice to the applicant. The Act contains a power to make Regulations setting out a charging regime. The exact detail of this is still under consideration, but where applicants have a right to information under section 1, the Government proposes to allow authorities discretion to charge up to 10% of the marginal costs of providing information (plus copying, postage etc.). The Act does not affect the power of authorities to charge for information available to the public by means other than the Freedom of Information provisions. The council need not supply information where the cost of compliance exceeds an appropriate limit, nor where requests are vexatious or repeated.

Is there a right of appeal?

If an enquirer is unhappy with your decision or the way you have handled their request, they have the right of appeal, first to the council, ultimately to the Information Commissioner. You must tell them this. Use the complaint procedure to handle any written expression of dissatisfaction even if it does not specifically ask for a review.

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