Freedom of Information
Freedom Of Information Act 2000
What is Freedom of Information?
For North East Derbyshire District Council and other local authorities in England the Freedom of Information Act comes fully into force on 1 January 2005. The Act promotes a culture of openness and accountability in public authorities by providing people with rights of access to all types of recorded information held by them. As a local authority, North East Derbyshire District Council will comply with the Act.
Your Rights
From 1 January 2005 if you make a written request for information to us you have the right to:
- Be told whether the information exists
- Receive the information unless it is subject to one or more of the exemptions contained in the Act, it is considered a nuisance, unreasonable or repeated or the cost of providing the information exceeds £450 which equates to about two and half days of searching time.
Once your request has been received we will have to respond within 20 working days and must:
- Tell you whether we hold the information
- Give you the information you have asked for or
- Tell you if the information will not be available within the 20 working days or
- Tell you that the information will not be released because of exemptions.
The Publication Scheme
The Council is required to produce and maintain a Publication Scheme. This Scheme lets you know what kinds of information will be automatically and routinely published by the Council, where it can be located and whether a charge for it will be made. You can view the scheme by clicking on the link below, or you can ask for a copy by letter or phone.
How Are Requests for Information under the Act Made?
A request for information must:
- Be in writing (letter, fax or e-mail)
- Give the name of the person asking for the information
- Give an address for correspondence to be sent to
- Describe the information wanted.
Exemptions
In certain cases the Council can legally withhold information. Exemptions mainly apply where releasing the information would not be in the public interest.
There are two types of exemption:
- Qualified Exemptions – where information, even though it falls into an exempt category, may still have to be released if it is considered that it is in the interest “public interest” to release it.
- Absolute Exemptions – where the Council does not have to consider what is in the public interest and should not release the information. For absolute exemptions the Council does not have to confirm or deny whether it has the information.
A list of the exemptions is attached to the Freedom of Information Act Policy which you can access by clicking on the link at the bottom of this page.
What Happens If Your Request Is Refused?
A request for information can only be refused by the Council if it falls under one of the exemptions or it would cost more than £450 to answer the request.
If your request is refused our reply will identify which exemption is being applied and give details of how to apply for an internal review of our decision. Similarly, you may complain about how your request was dealt with. If you are not satisfied with the response you receive following our review you can appeal to:
The Information CommissionerWycliffe HouseWater LaneWilmslowCheshireSK9 5AFTel: 01625 545827Fax: 01625 524510Email: mail@ico.gsi.gov.ukWebsite http://www.ico.gov.uk/
Other Legislation
There are other Acts about handling information:
- The Data Protection Act 1998 – gives individuals the right to see personal information held about themselves. Request for personal information about another individual would be dealt with under the Freedom of Information Act.
- The Environmental Information Regulations 2004 – gives individuals the right to see information that relates to the environment and anything which may have a negative effect upon it. These Regulations apply to all requests for environmental information, not just written requests, and have fewer possible exemptions.
Contacts
The person with overall responsibility for implementation of the Freedom of Information Act is our Chief Executive (contact details at bottom of page).
The Council’s Freedom of Information Act Policy and Record Management Policy can be downloaded at the bottom of this page.
For more information on Freedom of Information you can also visit:
- www.foi.gov.uk - responsible in government for upholding justice, rights and democracy.
- http://www.ico.gov.uk/ - UK's independent public body set up to promote access to official information and to protect personal information.
Freedom of Information, Contracts and Tendering
For guidance on how the Freedom of Information Act relates to our procurement and tendering policies, please see our main Procurement pages.
Downloads
This is North East Derbyshire District Council's Freedom of Information Act Policy (150 KB)
This is North East Derbyshire District Council's Record Management Policy (116 KB)
This is the Publication Scheme for North East Derbyshire District Council (134 KB)
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