ICO Requests for Information - Review Procedure

Scope of Procedure

Although the EIR is the only legislation that requires the Information Commissioner to have a review procedure, this procedure will be adopted for use in relation to complaints made to the Information Commissioner regarding any request for information.

Any applicant for information may make representations to the Information Commissioner if it appears to them that he has failed to comply with any of his duties to:

Timescale

Representations must be made in writing within 40 working days of the date on which it appears to the applicant that the Information Commissioner is in breach of his duty.

Procedure on Receipt of a Complaint

When such representations have been received they must immediately be copied to the Internal Compliance Team who will log the complaint and send an acknowledgement letter to the applicant.

The Internal Compliance Team will notify the Internal Compliance Board (ICB) giving a brief explanation of why the complaint has been submitted and to whom it has been allocated. It will then be referred, together with the Request Report to the complaint handler.

The complaint will not be handled by anyone who dealt with the original decision, although it may be necessary to consult the original request handler and/or the Chair of the ICB. It will be referred to an Assistant Commissioner, the Chief Operating Officer or a Deputy Commissioner. Any legal advice will be provided by a solicitor not involved in advising on the original request. Advice may also be sought by the complaint handler from a FOI Complaints Resolution Manager or Casework and Advice Manager.

The complaint handler will consider the representations and any supporting evidence produced by the applicant and decide if the Information Commissioner has complied with his duties.

Where the request relates to personal data in accordance with the DPA or environmental information in accordance with the EIR, the applicant will be notified of the decision in writing within 40 calander days of receipt of the representations. Where the request relates to information held by the Information Commissioner in accordance with the FOIA, the applicant will be notified of the decision in writing within 20 working days of receipt of the representations.

If it is decided that the Information Commissioner has not complied with his duties the breach shall be remedied immediately and the ICB and request handler will be notified. The Internal Compliance Team will ensure the proper recording and processing of the internal review.

Formal Complaints

If the applicant remains dissatisfied with a request for information which has been dealt with under FOIA, he has the right to make a formal complaint/request for a decision notice to the Information Commissioner.

Should the applicant do this, the complaint will be dealt with as any other similar request by a FOI Complaints Resolution Manager not previously involved in consideration of the request. Legal advice will be provided by a lawyer not involved in the original decision or review (a Principal Solicitor where possible).

In the event that a decision notice is appealed, the Information Commissioner himself will be consulted and advised by a FOI Complaints Resolution Team member and a lawyer not previously involved in dealing with the request, internal review or complaint.

If the applicant remains dissatisfied with a request for their personal data which has been dealt with under the DPA, he has the right to ask the Commissioner to make an assessment as to whether the request has been handled in accordance with the DPA.

Should the applicant do this, the complaint will be dealt with as any similar request by a Casework and Advice Manager.

A summary of the Information Commissioner's Enforcement Powers and Appeal procedures are available on request.

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ICO Requests for Information - Review Procedure

April 2008

Version 5