Data Protection and Freedom of Information
Data Protection Act 1998
The Data Protection Act 1998 gives all individuals a general right of access to the personal data which is held about them either on computer, or in a relevant manual filing system. These rights are known as "subject access rights".
The Act requires that we comply with the rules of good information handling practice which are commonly known as the 8 Data Protection Principles.
For more information about Data Protection follow this link.
Freedom of Information Act 2000
The Freedom of Information Act 2000 gives a general right of access to information that is held by various public authorities, including Central and Local Government, the Police, the National Health Service, schools and other educational establishments, the Armed Forces (with certain exceptions) and a host of other public bodies which are listed in the Act.
For more information about Freedom of Information follow this link.
Environmental Information Regulations 2004
The Environmental Information Regulations 2004 (EIR) give members of the public the right to access environmental information held by public authorities. The request can be made by letter, email, telephone or in person.
The regulations apply to most public authorities, but they can also apply to any organisation or person carrying out a public administration function, and any organisation or person under the control of a public authority who has environmental responsibilities. This can include some private companies or public private partnerships, for example companies involved in energy, water, waste and transport.
For more information about Environmental Information Regulations follow this link
Re-use of Public Sector Information Regulations (PSI)
These Regulations came into force on 1st July 2005 and are intended to help ensure the effective use of information produced in the Public Sector.
For more information about Re-Use of Public Sector Information Regulations (PSI) follow this link
Frequently Asked Questions (15)
The Act itself does not place restrictions on how the information supplied under it may be used but you should, of course, have regard to the laws of the land - it must not be used for any illegal purposes and you should not use it in a way which could leave you open to prosecution or other forms of litigation. In particular, it should be noted that the Freedom Of Information Act 2000 does not transfer copyright in any information supplied under it.
You may ask for the information to be supplied to you in any format. However, a public authority may take into account the cost of supplying the information in your preferred format. In any case, you may ask for information in summary form, or for permission to inspect the records containing the information you require.
Providing the information you have requested is not covered by one the exemptions under the Act, we will provide it to you.
If we are unable to release the information for some reason, we will contact you to advise you of this as soon as possible. If this is the case we will also provide you with a full explanation of why you cannot access the data:
Click here for the Details of Exemptions.
In general, any information that is held by a public authority, which is covered by the Act, is potentially available to the public. However, the Act does contain a number of 'exemptions' that may be applied by the public authority in order to prevent the disclosure of information that, if released, would, for example, infringe a person's right to privacy, or constitute a breach of confidence, or which could prejudice law enforcement or national security, etc. Depending on the information requested, an exemption might apply to all or only part of that information. If only part of the information is exempt, you will still be able to obtain those parts of the information that are not exempt.
A great deal of the Council's information is already at your fingertips, here on the Council's website. On it, you will find the Council's `Publication Scheme`, which lists the sorts of information that we make available as a matter of routine. Also, our 'A to Z of services' gives you quick and easy access to a myriad of information concerning what the Council does and how and why it does it. You can, of course, also make use of the website's 'search' facility to locate all references to a particular topic that is of interest to you. If the information you require is not already on our website, you can write in to us (or email us) with your request, giving your name and an address for correspondence, and stating clearly what information you require. A simple form is available for you to download and use by clicking the follwing link 
Freedom of Information Request Form (PDF Document, 0.1 Mb). If you require any assistance in formulating your request, just contact us. We are here to help.
Click here for advice on How to make a request
The Act states that, when a public authority receives a request for information, it must respond to it as quickly as possible and, in any case, not later than 20 'working' days after the request is received (or after the nature and extent of the request was clarified where such further clarification of the original request was needed). Obviously response times will vary with the extent of the information requested and also any specially requested format, but we will do our best to get the information to you as quickly as possible. If a fee is required to be paid (see above), we will send you the information when the fee has been paid in full. (Please allow time for cheques to clear). The reply will usually confirm or deny whether or not we actually hold the information you have requested, and, if we do, we will either provide the information or explain why it has not been provided (quoting any appropriate exemption(s) under the Act). It is important to note that the Act gives the right to 'information' rather than the documents themselves. In some cases, however, it might be reasonable, and more practicable, for us to provide copies of the actual documents themselves.
Whilst the Act does not specifically limit the number of requests you can make, it does give the public authority the right to refuse any 'vexatious' or unreasonably repeated requests. This can include repeated requests for similar information from the same person (or persons acting together) or requests which are deemed to be made with the intention of disrupting the authority`s work.
The Council may charge a fee of up to £10
You will have to pay a fee (if charged) for every request, so you will need to specify all the information you need in your first letter, otherwise you may have to pay another fee to get information that you have asked for on a different occasion.
If your request is refused, for example because the information requested falls within one or more of the statutory exemptions, you will be told why it was refused and informed of any exemptions that apply. If you are unhappy with the Council's decision, we will do everything we can to resolve your complaint on an informal basis in the first instance. If you are dissatisfied with the outcome of the informal complaints process you may apply to the Council for an internal review of the decision. This review will be undertaken by different officers from those who made the original decision and the result of the review will be notified to you in writing. If, having gone through our internal review procedure, you are still unhappy with the Council's decision, you may ask the Information Commissioner to independently review the case. The Information Commissioner is responsible for administering and enforcing the Freedom Of Information Act 2000 and may be contacted at the following address: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Click here for the Freedom of Information Complaints Procedure
You must write to the Council stating which information is incorrect and why, and ask for it to be corrected.
The Council must then tell you whether or not it has complied with your request within 21 days. If you are unhappy with the outcome of this you may then complain to the Council in writing and a review of the case will be undertaken by the Information Management Officer. You will be contacted with 15 days with the outcome of this review.
If you still feel the outcome of this is unsatisfactory, a complaint can be logged with the Information Commissioner.
Under Data Protection law there remain some exemptions, this information may be held by the Council but not released to the data subject even when a request has been made. See Exemptions
'Personal information' is information about a living person that can identify that individual. Information about deceased individuals is not covered under the Data Protection Act'
You are entitled to be told if any personal information is held about you and if it is, to be given:
- A copy of the information in permanent form
- An explanation of any technical or complicated terms
- Any information the Council has about where they got your information from
- A description of the information, the purposes for processing the information; and
who the Council is sharing the information with - The logic involved in any automated decisions (if you have specifically asked for this)
Where the Council is permitted by, or under, statute and has, in the past, charged for providing certain information and publications, such charges will remain. If you are requesting information that is covered in our 'Publication Scheme', the scheme gives details of those classes of information where we may charge for providing the information. We may, in certain circumstances, also be able charge for certain information that is not covered in the scheme although, at the time of writing (early December 2004), the regulations governing this aspect of the Act had not been issued. Keep an eye on this website for the latest developments and for details of all current charges and fees for our publications and services.
Last updated: Tue 12th February, 2013 @ 09:21
