On Wed, 9 Feb 2005 00:00:58 -0000, davidwyatt <[log in to unmask]>
wrote:
>Those of you who may have studied FOI content in detail I wonder if you
could share knowledge / make observations on whether example questions
below would be valid requests under FOI and what sort of charges can be
made by the authority .
Any request for information put to a public authority (or to any person /
organisation providing services on behalf of a public authority) is valid
under FOIA, as long as it is in writing and includes your name & address.
You should get a reply within 20 working days (a) confirming or denying the
existence of the information (b) enclosing information that can be
disclosed (c) explaining any exemptions to disclosure applicable to
information withheld (d) explaining how to complain.
Most information will be provided free of charge - if the cost of locating,
retrieving & extracting is less than the prescribed amount of £600 for
central govt & £450 for the rest of us, based on £25 per employee hour.
You should get an estimate if the cost is likely to exceed the prescribed
amount. Public authorities can also charge for disbursements like postage &
packing.
Your comment about regulatory fees affecting consumer pricing - could
equally be argued that requiring public authorities to respond to most FOIA
requests free of charge indirectly causes increased taxation to citizens
and / or reduces the proportion of budget available to provide services!
You can get plenty of guidance about how to make your request from
Information Commissioner's & Department for Constitutional Affairs websites.
Kirsty E Gray
Access to Information Advisor
Commission for Social Care Inspection
Note: comments for discussion and debate only and do not necessarily
reflect the corporate position of CSCI nor constitute legal advice.
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