Environmental
Information
Regulations
Data Protection
RECOGNISING FORMAL REQUESTS FOR INFORMATION
Technically, any written request for information (this includes faxes and emails)
that KCC receives falls under the scope of the Freedom of Information Act 2000.
However, as it would be impossible to deal with all communications in this way,
official guidance acknowledges that simple and/or day-to-day routine requests
(e.g.: “When is the next County Council meeting?” or “Can I have a copy of your
Statement of Accounts?”) do not need to be logged as formal requests for
information, but can be dealt with as we did prior to 1st January 2005 when the
Act became legally enforceable
Therefore, the three questions everyone working for KCC (and this includes
councillors!) should ask themselves when they receive
any enquiry from an
external source are as follows:-
Q1. Does the person asking for information mention Freedom of
Information, Data Protection, Subject Access, Environmental Information
Regulations* or ask for personal information about themselves or someone
else? * note that EIR requests can be also be made verbally over the phone or
face-to-face!!!!!!
Q2. Would we consider withholding some/all of the information requested,
perhaps because the subject matter is controversial?
Q3. Would we consider charging for the information, either because it would
take us a long time to locate & collate, or there's lots of photocopying?
If the answer is
no to
all of these questions, the request can be treated as
"business as usual",
although we must still reply within 20-working days of receipt.
If the answer is
yes to
any of the questions, the request should be logged and
dealt with in accordance with the appropriate legislation...
FOIA is the only legal
mechanism KCC has for NOT disclosing information that someone has asked to
see!
Refer the communication immediately to your directorate coordinator who
will advise you what to do next!
Chief Executive’s Department
Caroline
Dodge
01622
221652
Kent Adult Social Services
Sandra Town
01622 221790
Children, Families, & Education
Michelle
Hunt
01622
696692
Communities
Andrew
Swan
01622
221621
Environment, Health & Waste
Pauline
Banks
01622
696915
Recognising formal requests for information.doc
Handout 1
Document Outline