The Freedom of Information Act 2000
"An Act to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the Data Protection Act 1998 and the Public Records Act 1958; and for connected purposes"
The Information Commissioner
- 1984 - Data Protection Registrar
- 1998 - Data Protection Commissioner
- 2000 - Information Commissioner
- Approval Role
- Enforcement Role
The Publication Scheme
- What we intend to publish as a matter of course
- How it is published
- How it can be accessed
- Any fees payable
Re-Use of Public Sector Information
Most documents supplied in response to a Freedom of Information request will be subject to copyright protection. You are free to use these documents for your own information. However, any other re-use, for example commercial publication, will require the permission of the copyright holder. If you wish to re-use other materials, you will need to obtain permission from the person or organisation that produced them.
Access
Right of Access
- What? – Anything
- Who? – Anybody
- Where from? – Anywhere
- Why? - None of your business
Access Request
- In writing
- Name & Address
- How information required
- Describe Information Requested
- Advice & Assistance
Response to Request
- Confirm or Deny information held
- Communicate information
- Exemptions
- Fees
- Time limit
Excemptions
4 Exemptions
- Absolute
- Qualified
- Public Interest Test
- Two stages
Public Interest Test
- Does the Public Interest in maintaining the exemption outweigh the duty to disclose?
- If there is a balance, disclose
- What are the factors involved?
- What is relevant?
- What is not relevant?
7 Absolute Exemptions
- Information accessible by other means;
- National security;
- Court records;
- Parliamentary privilege;
- Personal information – about the applicant;
- Information provided in confidence;
- Prohibition on disclosure
15 Qualified Exemptions
- Future publication;
- National security;
- Defence or armed forces;
- International relations;
- Relations within the UK
- The economy of the UK;
- Investigations/proceedings;
- Law enforcement;
- Effective conduct of public affairs;
- Communications with Her Majesty
- Health & safety;
- Environmental information;
- Personal information – about third party;
- Legal professional privilege;
- Commercial interests
Fees / Time Limit
Fees
- Prescribed Costs
- Disbursements
- Appropriate Limit (no charge is made if the time spent, is less then 18.5 hours)
- Allowed maximum £450
Time Limit
- 20 working days
- Clock stopped between issue of a Fees Notice and fee being paid
- Clock may be stopped to enable the Public Interest to be assessed
If Information Not Supplied
- Applicant can use the Internal Complaints Procedure
- Applicant can complain directly to the Information Commissioner
- Commissioner can issue Information Notice, Decision Notice or Enforcement Notice
Summary
- FOIA assumes information will be disclosed
- Must publish information as described in its Publication Scheme
- Must help people to submit requests where necessary
- Information must be retained only as long as necessary - and must be disposed of properly
- Must ensure that data is accessible to respond to access requests promptly
How to request information
1. Write to -
Freedom of Information Officer
Cleveland Fire Brigade HQ
Endeavour House
Stockton Road
Hartlepool
TS25 5TB
Quoting your Name & Full Address for reply.
3. Fill in the online Form
Further Information
