Freedom of Information Act- Frequently Asked Questions

1: What is the Freedom of Information Act 2000?
2: Who Does it Apply to?
3: What Does the Act do?
4: Who Enforces it?
5: How Does it Relate to Data Protection?
6: What is a Publication Scheme?
7: Will There be Any Data Protection Issues with Regards to the Publication Scheme?
8: Who Can Make Requests?
9: How Many Requests Can They Make?
10: What Form Must the Request Take?
11: Will a Charge be Applied to Fulfil Requests?
12: How Long Do We Have to Respond to a Request?
13: What if the Request is Unclear?
14: What if We are Unable or Unwilling to Fulfil the Request?
15: What are the Exemptions to the Obigation to Disclose?
16: What Will Happen if We Refuse?
17: Who Can I Talk to if I am Unsure How to Respond to a Request?
18: How Old Does Information Have to be Before it is Exempt from the Act?
19: How Long Should Documentation be Kept?
20. What Resources are Available to Help Me Find More Information on the Act?

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1: What is the Freedom of Information Act 2000?
The Freedom of Information Act 2000 applies throughout England, Wales and Northern Ireland and is all about the right of access to information.

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2: Who Does it Apply to?
It applies to Public Authorities such as Local Government, the Police, Schools and , most importantly, ourselves.

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3: What Does the Act do?
The Act encourages openness and accountability among public organisations as information held by an institution will be available, unless covered by an exemption, to all those who request it. Documents, e-mails and notes, as well as formal records, may be available to the public.

The Information Commissioner provides details of Exemptions under this Act.
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4: Who Enforces it?
This Act is enforced by The Information Commissioner.

The website of the Information Commissioner can be found at http://www.ico.gov.uk/

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5: How Does it Relate to Data Protection?
One of the exemptions to the Freedom of Information Act 2000 is where a third party is involved and protected by the Data Protection Act 1998. The Data Protection principles, which protect an individual's right to privacy in their private life, take precedence over the Freedom of Information Act.

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6: What is a Publication Scheme?
A Publication Scheme is a schedule of documents that the institution publishes as a matter of course. This covers everything from the minutes of meetings to the course prospectus.

Our Publication Scheme is on-line. Some material is available as hard copy only and must be requested.

View the Publication Scheme

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7: Are there be any Data Protection Issues with Regard to the Publication Scheme?
Yes. Some issues will arise that need to be addressed.

For example, while details of an individuals attendance at a meeting may be released it must be noted that if the meeting discloses personal/sensitive information then there may be a problem.

For further Assistance please email: dpfoia@uclan.ac.uk

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8: Who Can Make Requests?
Anyone. Information can be freely requested by anyone from anywhere in the world. Our institutions information may be accessible to anyone who wishes to see them.

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9: How Many Requests Can They Make?
Anyone can make as many requests as they like. However, an Institution may refuse vexatious requests, repeated requests by a particular individual or organisation or requests which are deliberately intended to cause disruption.

If you have any doubts approach the individual in your area designated to handle FOI issues. They may in turn contact the Freedom of Information Officer.

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10: What Form Must the Request Take?
Any request made must be in writing for it to be valid. A phone call alone, for example, is not enough. Letter, E-Mail, Fax or completion of a University request form are all valid ways to make a request.

The request must also include the applicants name and address (an e-mail address is acceptable) as well as a clear, understandable account of what it is they are requesting.

All requests must be forwarded to mailto:dpfoia@ucla.ac.uk immediately
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11: Will a Charge be Applied to Fulfil Requests?
Generally, No.

If the information currently exists in a form that we supply free of charge, such as information held in our on-line Publication Scheme, then there will be no charge.

If the documents are deemed to be small (usually less than 30 copies) and readily available there will be no charge.

However, a set fee of £10 may be adopted for large or time consuming documents or where multiple copies are requested of records not usually supplied as a matter of course. Managers would determine where such charges apply.

The issue of charges is not finalised and is still under discussion.

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12: How Long Do We Have to Respond to a Request?
We have 20 working days from receiving the request in writing to respond.

The reply may include documentation, or guidance on where to find the information if it is freely available but may also include a refusal or explanation of why the information is not available.

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13: What if the Request is Unclear?
In cases where the request is unclear we must contact the enquirer and get more detailed information. It will then be legitimate to extend the period available for response.

This period is 20 days from the clarification of the request.

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14: What if We are Unable or Unwilling to Fulfil the Request?
In either case we must reply to the enquirer stating our reasons for this. A full explanantion of why we are unable or unwilling to fulfil the request will be accompanied by a quote of the particular exemption which applies.

If we refuse we will also supply guidance on how to apply for an internal review of that decision.

Please note that ALL refusals must be forwarded to the Freedom of Information/Data Protection Officer email: dpfoia@uclan.ac.uk.

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15: What are the Exemptions to the Obligation to Disclose?

The Information Commissioner provides details of Exemptions under this Act.

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16: What Will Happen if We Refuse?
If we refuse we have to allow the enquirer an opportunity to request an internal review and therefore a second chance at gaining access to the information.

If, however, the request is still refused then the enquirer may approach The Information Commissioner to review the decision we have made.

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17: Who Can I Talk to if I am Unsure How to Respond to a Request?
There are times when the you may have to deal with Freedom of Information issues when you have little experience of it or an issue may arise that is complicated and as such you are left unsure of how to proceed.

There is a designated person (your Freedom of Information/Data Protection contact) in your area who has some responsibility for handling such issues. There is also an appointed Freedom of Information Officer to deal with issues arising from this act.

You should initially approach the designated individual in your area.

Ultimately if you are unsure you should email Freedom of Information Office - dpfoia@uclan.ac.uk, (Telephone: 892561).

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18: How Old Does Information Have to be Before it is Exempt from the Act?
The Freedom of Information Act 2000 applies to all information held by the institution regardless of age.

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19: How Long Should Documentation be Kept?
This varies. Guidelines for Document retention are currently being reviewed by the University.

However, if records are destroyed too soon it may be viewed unfavourably by the Information Commissioner if any issues arise as a result. There may even be penalties.

Retention and destruction decisions should be documented.

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20: What Resources are Available to Help Me Find More Information on the Act?
If you are have received a request or are involved in one then you should contact the designated individual in your area, who may contact the Freedom of Information officer who is ultimately responsible for making decisions on the matter.

Some helpful advice may also be found on the "For Further Information" section of Freedom of Information Training.

Email: dpfoia@uclan.ac.uk, Telphone: 892561