Freedom of Information Act Questions & Answers

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For further information, please contact:

Lesley Dolan
Data Protection Officer
01276 707342
lesley.dolan@surreyheath.gov.uk

Legal Services
Surrey Heath House
Knoll Road
Camberley
Surrey GU15 3HD

1. What is the purpose of the Freedom of Information Act ("the Act")?
The purpose of the Act is to promote greater openness by public bodies (i.e. local authorities, schools, police, NHS bodies……) Individuals already have the right to access personal information about themselves under the Data Protection Act 1998. As far as public authorities are concerned, the Freedom of Information Act will extend this right to allow the public access to all types of information held by the authority. One of the ways Surrey Heath Borough Council intends to give the public access to information is by publishing and maintaining a Publication Scheme.

2. Who can use the Act?
Anyone is entitled to make a request for information, and no one need state his or her reasons for applying.

3. What sort of information can I seek access to?
You can apply for access to any information recorded in any form held by any of the wide range of bodies covered by the Act. You have the right to seek access to actual documents and records held by the authority.

4. What is the Publication Scheme?
A publication scheme is simply a guide to the types of information Surrey Heath Borough Council undertakes to make available to the public as a matter of routine. As well as describing the types of information the Borough Council will make available, the scheme also indicates whether a charge is made for any types of information and also the form in which information is published (for instance on a website or as leaflets).

5. How can I obtain the information contained in the Publication Scheme?
Surrey Heath Borough Council's publication scheme directs you to which department holds the information you are requesting, and in particular who to contact within the department to request the information.

6. What can I do if the information I want is not listed in the Scheme?
It is not possible for members of the public to make requests under the Act at this time. That right comes into force on the 1st January 2005. However, when the right to access information, is fully enforce in 2005, requests for information can be made to Surrey Heath Borough Council. Click here for more information.

7. How do I make a request for information?
Requests for information must be in writing and be clear enough to enable Surrey Heath Borough Council to identify and locate the information requested. (However, if we need further clarification from you in order to identify and locate the information requested, then we will tell you what information we require.)

8. What happens if the public authority doesn't understand what information I want?
If Surrey Heath Borough Council has a reasonable need for further information from you in order to identify and locate the information requested, we will tell you what information is required. We are not obliged to supply the information to you unless you give the further information we have requested. Under the Act, Surrey Heath Borough Council has a duty to provide advice and assistance, where reasonable, to applicants in framing their requests.

9. If Surrey Heath Borough Council refuses my application for information, will you tell me why?
If Surrey Heath Borough Council decides not to disclose information in response to a request, you are entitled to know why. We must give notice to you that we are not disclosing the information requested, or where appropriate, that we are relying on the "neither confirm nor deny" (that the information is held) provision.

We must specify which exemption is being relied upon, and, if it is not obvious, explain why the exemption applies to the information in question.

The notice that we give you must contain particulars of our procedures for dealing with complaints, and particulars of the right to apply to the Information Commissioner for a decision.

10. What are my rights if the Council refuses to disclose information I have requested?
Surrey Heath Borough Council will have in place a procedure for dealing with complaints from applicants who consider that their request has not been properly handled, or who are otherwise dissatisfied with the outcome of the consideration of their request.

In the first instance your complaint will be dealt with via Surrey Heath Borough Council's internal complaints procedure.

Where the outcome of the internal complaints procedure is in the Council's favour, i.e. upholding the decision, the applicant has the subsequent right to apply to the Information Commissioner's Office, who will investigate the complaint and determine whether the request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner can be contacted by:

Information Commissioner's Office
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

General Telephone: 01625 545700
Email: mail@ico.gsi.gov.uk

11. Can Surrey Heath Borough Council charge for supplying me the information?
If you request information contained in our Publication Scheme, the Scheme will advise you of the cost of providing the information.

If you make your request under the Act, a fee may be charged which will be calculated according to the Fee Regulations. Where a fee is charged, you will be advised and it will be necessary to pay in advance. If the fee is not paid within three months of the original request, the request will be considered lapsed.

12. How can I obtain information about myself?
The Data Protection Act 1998 will remain the key legislation for the regulation of personal information held by Surrey Heath Borough Council and other bodies.

Personal information relating to the applicant is exempt from the Freedom of Information Act. The right to know whether personal information is held, and if so, have access to it is covered by the provisions of the Data Protection Act 1998.

13. Will other people be able to see personal information about me?
A great deal of the information that Surrey Heath Borough Council holds is personal and private to individuals. The Freedom of Information Act 2000 does not deal with this. The relevant legislation is the Data Protection Act 1998. The Freedom of Information Act 2000 will not be making public, private and confidential information about people's personal Council Tax, Benefits, or any other arrangements with the Council. The individual concerned, however, does have access to that information under the Data Protection Act. In other words, therefore, your private affairs and business with the Council as an individual IS NOT the subject of the Publication Scheme.