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What can I asking?

The Freedom of Information Act, Environmental Information Regulations and INSPIRE Regulations give you rights to access official information..

Under the Liberty of Information Act and the Environmental Data Regulations you have a right to request whatsoever recorded data held by a public authority, such as a government department, local council or state school. Environmental information requests can also be fabricated to certain non-public bodies carrying out a public role.

• Y'all can ask for whatever data you think a public authorisation may concur. The right only covers recorded information which includes information held on computers, in emails and in printed or handwritten documents every bit well equally images, video and audio recordings.
• You should identify the data you want as clearly every bit possible.
• Your request can be in the form of a question, rather than a request for specific documents, only the authority does non have to answer your question if this would mean creating new information or giving an opinion or judgment that is not already recorded.
• Some information may not be given to y'all because it is exempt, for instance considering it would unfairly reveal personal details about somebody else.

You don't have to know whether the information you want is covered past the Environmental Information Regulations or the Freedom of Information Act. When you brand a asking, it is for the public authority to decide which law they need to follow.

The INSPIRE Regulations require public authorities that concur spatial or geographic data to make it available so that you can search information technology in particular ways.

What should I do before I make a request?

You can inquire for any information you choose, at any fourth dimension, but you may non ever succeed in getting it. Before you make a request, it may aid to consider the following questions.

• Is the information you want already available, for example, on the authority'south website?
  Regime must make certain data routinely available. You can discover out what information is bachelor by checking the potency'southward publication scheme or guide to information. Practise this by looking at its website or by contacting the authority.
• Is the data yous desire your own personal data?
  If your request is for information about yourself, such as your medical records, you should make a subject admission request under the Information Protection Human activity.
• Is the dominance likely to have the information?
  It may save y'all fourth dimension if you check with the authority whether information technology is likely to have the information you want. For example, y'all may not exist sure whether the information you want is held by your district council or the county council. Public regime must requite reasonable communication and help to anyone asking for information, so you lot should experience free to ask for help in making your asking.
• Is the information you want suitable for full general publication?
  The aim of the Freedom of Information Human action is to make information bachelor to the general public. You can but obtain information that would exist given to anybody who asked for it, or would be suitable for the general public to see.
• Some information, such as records about a expressionless relative, or documents you demand for legal purposes, may not always be available under the Human action. All the same, you may take a right to see the information yous want under other legislation. The public authorisation holding the information you lot want should advise yous.

What are the legal requirements for a request?

For your request to exist dealt with according to the Liberty of Data Deed, you must:

• contact the relevant authority directly;
• make the request in writing, for example in a letter or an email. You tin make a verbal or written request for environmental information;
• give your real name; and
• give an address to which the authority tin respond. This tin can be a postal or email address.

You do not accept to:

• mention the Freedom of Information Act or Environmental Information Regulations, although it may assist to do and so;
• know whether the information is covered by the Freedom of Data Act or the Environmental Data Regulations; or
• say why you lot desire the information.

It is sensible to write the date on any messages or emails y'all transport and keep a copy, and so y'all take a reliable record of your request. If you make a verbal request for environmental information, nosotros recommend that you annotation who you lot spoke to, the appointment, and what information y'all requested, and you may wish to follow up with a letter or e-mail confirming your request. A written record of a verbal request would exist beneficial if yous later need to brand a complaint.

It can be helpful to check whether the authority recommends you send your request to a specific person or email address.Some authorities permit you lot to request information via their website. You can likewise make a request on social networking sites such equally Facebook or Twitter.

Some other websites allow you to contact public authorities and make a asking through the site. Check that the site will allow the public authority to answer, otherwise it's not a valid request.

If yous find it incommunicable or unreasonably difficult to brand a request in writing, a public authority may take to make a reasonable adjustment for y'all under the Equality Act 2010 (or Inability Discrimination Deed 1995 in Northern Ireland). This could mean, for instance, that the public authority has to consider treating a verbal request for information as if information technology was a valid liberty of information request.

The ICO cannot request information from another authority on your behalf. You should accost your request directly to the authority. There is no need to ship us a copy of your request.

How should I discussion my request to go the best result?

Near people will exercise their rights responsibly but we also recognise that some individuals and organisations submit requests which may, whether by accident or design, cause a public authorization an unjustified or disproportionate level of disruption or irritation. Some requests can cause distress to members of staff in a public dominance.

The FOIA has a congenital in safeguard to protect public authorities from having to deal with such requests (called vexatious requests under Section 14). In the case of the EIR, there is an equivalent provision for requests which are manifestly unreasonable [Regulation 12(iv)(b)].

All requests place some degree of demand on a public say-so's resource in terms of costs and staff time, and we expect them to absorb a sure level of disruption and annoyance to meet their underlying delivery to transparency and openness nether the FOIA and EIR. We as well accept requests tin exist challenging in their language simply using threatening or abusive language increases the hazard that your asking will be refused.

It can be difficult for requesters to understand how information is labelled and organised by public authorities - the Act contains a provision that ensures that public authorities must consider whether they should provide yous with advice and help, within reasonable limits.

Yet, the amount of time and resources that a public authorisation has to expend in responding to a request should not be out of all proportion to that asking's value and purpose.

You need to consider the dos and don'ts beneath – think about your request objectively - does it trigger any don'ts? If so you may want to rethink your information request otherwise it may be refused as vexatious.

If your asking does lack any serious or clear purpose or if it is not focused on acquiring data, then the FOIA and EIR are probably not an advisable means through which to pursue your concern. You might do amend to explore whether there are other more suitable channels through which to have upwards the issue with the authorization.

You should also bear in heed that the FOIA includes a safeguard against requests which exceed the toll limits for compliance (Section 12). The equivalent provision in the EIR is over again [Regulation 12(four)(b)] - manifestly unreasonable requests.

Therefore, if you are planning to ask for a large volume of data, or brand a very general request, you should offset consider whether y'all could narrow or refocus the scope of the request, every bit this may help you become what you lot really want and reduce any unnecessary burden or costs on the potency. Alternatively, you could try approaching the public authority for communication and assistance to help you reduce the scope of your request and cut down the cost of compliance – they take a duty to consider what advice and aid they can provide.

Although you don't accept to say why y'all want the data, if you lot are happy to practice so it might avoid a lot of wasted fourth dimension and be more likely to become you what you want.

Can a public say-so charge for a asking?

Yes, a public authority tin can charge you for the costs of sending the data, such as photocopying and postage stamp. These are known as 'disbursements'.

Information request dos and don'ts

Nosotros have produced the following list of dos and don'ts every bit a quick reference tool to aid users brand effective liberty of data requests.

Your request will be much more effective if it is articulate, specific, focused and unthreatening.

Do	Don't
Find out who to send your request to. If you lot accost your request directly to the appropriate contact within the authority so you lot may receive a prompter response.	Use offensive or threatening linguistic communication.
Include your name, address and other contact details in the request.	Level unfounded accusations at the potency or its staff.
Clearly country that you are making your request under the Freedom of Data Human activity/Ecology Information Regulations.	Make personal attacks against employees.
Be as specific as possible about the information yous want rather than asking general questions. Endeavor to include details such as dates and names whenever you lot can. It may likewise aid the authority in identifying the information if you explain the purpose behind your request.	Use FOI to reopen grievances which have already been fully addressed by the authority, or subjected to independent investigation with no bear witness of wrongdoing being found.
Re-read your request to bank check for whatsoever wording which is unclear or open to estimation.	Make assumptions most how the authority organises its information or tell them how to search for the information yous desire.
Use straightforward, polite language; avert basing your request or question on assumptions or opinions, or mixing requests with complaints or comments.	Coffin your asking in amongst lengthy correspondence on other matters or underlying complaints
Specify whether you lot take whatsoever preferences as to how you lot would like to receive the information, for example if you would prefer a paper copy or to receive an e-mail.	Use requests as a way of 'scoring points' against an authority
Requite the authority ample opportunity to address any previous requests yous accept made earlier submitting new ones.	Ship 'catch-all' requests for information (such every bit 'please provide me with everything you agree about 'x') when you aren't sure what specific documents to enquire for. If in incertitude, try searching on the authority's website or enquiring whether any indexes and file lists are available. Alternatively, enquire the authority for some communication and assistance in framing your request.
Stay focused on the line of enquiry you are pursuing. Don't allow your attention start to drift onto issues of minor relevance.	Submit frivolous or trivial requests; remember that processing any information request involves some cost to the public purse.
Think about whether making a asking is the best way of achieving what you want. If y'all accept an underlying complaint then it may be improve to just have your complaint to the relevant ombudsman and let them investigate.	Disrupt a public authority past the sheer weight of requests or the book of data requested. Whether you are acting lonely or in concert with others, this is a clear misuse of the Act and an corruption of your 'right to know'.
Aim to be flexible if the authority advises that it can't meet the full asking on price grounds and asks you to narrow information technology down. Try to piece of work with the organisation to produce a streamlined version of the request which still covers the core data that is virtually important to yous.	Deliberately 'fish' for information by submitting a very wide or random requests in the hope information technology volition catch something noteworthy or otherwise useful. Requests should exist directed towards obtaining information on a particular issue, rather than relying on pot luck to see if anything of involvement is revealed.
	Make echo requests unless circumstances, or the information itself, have changed to the extent that in that location are justifiable grounds to ask for the information again.

What happens after I brand my asking?

The authority must answer to y'all within 20 working days. Information technology may:

• give you lot the information y'all've asked for;
• tell you information technology doesn't have the information;
• tell y'all that another potency holds the information or transfer the request on your behalf;
• under the Freedom of Data Deed, say that information technology has the information and offer to provide it if you lot pay them a fee (simply there are rules most what they tin accuse);
• under the Environmental Information Regulations, make a reasonable charge for providing information in accordance with their published schedule of charges. Note: If the authority allows you to view a public annals or other data in person, at a place of their pick, it cannot charge for this;
• refuse to give you the information, and explain why; or,
• under the Freedom of Information Deed, say that it needs more time to consider the public involvement in disclosing or withholding the information, and tell yous when to expect a response. This should non be later than 40 working days after the date of your request. It can only extend the time limit in sure circumstances, and it must explain why it thinks the information may be exempt;
• under the Environmental Information Regulations, say that information technology needs more time as the information requested is peculiarly complex and in that location is a lot of data to provide. In such cases the time limit can be extended by a further xx working days as long as the dominance respond within the initial time limit stating when it believes it volition exist able to respond in total.

What tin I expect if I have rights nether the Equality Act 2010, section 75 of the Northern Ireland Act 1998 or the Welsh Language Human activity 1993?

Nether equality law an organization has a duty to make sure that its services are accessible to all service users. You can request a response in a particular format that is attainable to you, such as Braille, big print, email or sound format.

If y'all think that an system has failed to make a reasonable adjustment, you can make a merits under the Equality Act 2010, department 75 of the Northern Republic of ireland Deed 1998 or the Welsh Linguistic communication Act 1993.

Further advice is available from:

• Equality Advisory Support Service (EASS) –https://world wide web.equalityadvisoryservice.com ; and
• Citizens Advice –https://world wide web.citizensadvice.org.uk.

Volition I ever get the information I enquire for?

Non always. The Liberty of Data Human activity recognises that there will be valid reasons why some kinds of information may be withheld, such as if its release would prejudice national security or damage commercial interests. For some exemptions the public authorisation must consider whether the public involvement in withholding the information outweighs the public involvement in releasing it. If information technology decides that the information cannot be released information technology must tell you and explain why. Public authorities are not obliged to deal with vexatious or repeated requests or in some cases if the cost exceeds an appropriate limit. In improver the Act does not provide the right of access to personal information about yourself. This is instead available under the Data Protection Human action again, subject to sure exemptions, and is known every bit a subject area access request.

Can I complain if a public authorisation refuses my asking or I am dissatisfied with the way it has been dealt with?

Yes. You should get-go complain to the dominance and ask it to comport an internal review. For liberty of information complaints we recommend that you do this as presently as possible and within two months of receiving the dominance'south terminal response

For ecology information complaints you should make your complaint within xl working days.

The Information Commissioner's Office recommends that public regime bear out internal reviews within 20 working days. Under Environmental DataRegulations there is a legal requirement that internal reviews must exist carried out every bit soon every bit possible and within 40 working days. The authority cannot accuse for carrying out an internal review.

If yous believe that the public authority has not dealt with your complaint properly, or if information technology does non have a complaints procedure, we may be able to help.

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Source: https://ico.org.uk/your-data-matters/official-information/

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