Anne, FYI

Regards,
David.
David Edwards
Legal Services Manager, Rother D.C.
Town Hall, Bexhill TN39 3JX Tel: 01424-787840
www.rother.gov.uk

P please consider the environment, and do not print this email unless it is really necessary


-----Original Message-----
From: Julian Todd [mailto:xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx]
Sent: 23 July 2008 16:04
To: David Edwards
Subject: Freedom of Information request - Charges to the public for reuse of public sector information

     Dear Sir or Madam,

     I am notifying you of an unsatisfactory response on 23 July 2008
     from Mr David Edwards (Interim Solicitor) regarding an FOI request
     I made about charges to the public for re-use of public sector
     information.

     Please consider this email under paragraph 38 of the "Secretary of
     State for Constitutional Affairs' Code of Practice on the discharge
     of public authorities' functions under Part I of the Freedom of
     Information Act 2000" which says:

     "38. Any written reply from the applicant (including one
     transmitted by electronic means) expressing dissatisfaction with an
     authority's response to a request for information should be treated
     as a complaint, as should any written communication from a person
     who considers that the authority is not complying with its
     publication scheme. These communications should be handled in
     accordance with the authority's complaints procedure, even if, in
     the case of a request for information under the general rights of
     access, the applicant does not expressly state his or her desire
     for the authority to review its decision or its handling of the
     application."

     The reply I received also breached Section 15(7) of the Re-use of
     Public Sector Information Regulations 2005 because I requested the
     factors that will be taken into account in calculating charges for
     reuse of information disclosed under FOI, and none were
     forthcoming.

     Accordingly, my complaints are:

     * I believe I have complied with Section 8 of the Freedom of
     Information Act (subsections (1) AND (2)) whereby a request may be
     transmitted by electronic means. It is widely understood that an
     email constitutes "an address for correspondence". I have clearly
     described the information requested. My real name is Julian Todd.

     * I believe my request is not "vexatious or repeated" (Section 14
     of FOI). It cannot be repeated, since this is my first request to
     the Council. Nor could it be vexatious, unless there are any
     similar requests of this nature that the Council has attempted in
     good faith to satisfy, and I have been unreasonable in not
     accepting them.

     * The Council has routinely threatened to levy charges under the
     Re-use of Public Sector Information Regulations 2005. These
     regulations provide a detailed framework for how these charges can
     be applied. I requested details about any established standard
     charges by the Council for the re-use of public sector information
     under the regulations; and factors that will be take into account
     in calculating such a charges for FOI requests where no standard
     charges have been established.

     * Under the Act, you do not need to know the reasons I am applying
     for this information. However, there is clearly a wider public
     interest in the fact that if Rother District Council succeeds in
     establishing the precedent that it can threaten charges under the
     Re-use of Public Sector Information Regulations 2005 to FOI
     requests without adhering to the duties set out in the regulations,
     then there is a substantial risk that many other Councils across
     the country will adopt the same practice.

     I would like to be informed of when I can expect the internal
     complaints procedure to be completed.

     Yours sincerely,

     Julian Todd.

    

     -------------------------------------------------------------------
     Disclaimer: This message and any reply that you make will be
     published on the internet. Our privacy and copyright policies:
     http://www.whatdotheyknow.com/help/about#officers
     -------------------------------------------------------------------