Guidance re FOIA Section 34

Link: [1]File-List

6th February 2009

Case Reference Number IRQ0233394

Dear M Bimmler

Thank you for your correspondence dated 5 February 2009

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 5 March 2009 which is 20
working days from the day after we received your request.

Yours sincerely

Charlotte Powell

Internal Compliance Manager

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http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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1. file:///tmp/radDE782_files/filelist.xml

Link: [1]File-List

24 February 2009

Reference: IRQ0233394

Dear Mr Bimmler

I refer to your request for information held in connection with our
guidance on section 34 of the Freedom of Information Act 2000.

In your request you asked for “the most recent ‘in force’ version of
section 34 guidance” and also for any “internal drafts, discussion
papers, memoranda and correspondence that concern the review of this
guidance”. 

The following information is within the attachment to this email:  

· the original guidance that was on our website

· the FOI Good Practice Scoping Document which contains the plans
for the review of the guidance 

· the latest draft of the new guidance

· various emails sent and received by the officer who is drafting
the new guidance.

The original guidance

The decision to review the original guidance was taken after it was
brought to our attention that some of the information within the guidance
was inaccurate – specifically information in paragraph G.  It is now
being re-drafted as part of a review of all of our guidance which is
currently being undertaken by our FOI Good Practice and Enforcement Team
following an increase in resources.  However, until the new guidance is
published the ‘old’ guidance it still being referred to by our
Complaints Teams when they are considering complaints which concern
section 34.

The FOI Good Practice Scoping Document

The Scoping Document sets out the plans for the review.  We hold four
versions of this, and I am attaching the final version.  However, if you
require the previous versions please let me know.    

The new draft guidance

We hold four versions of this, comprising a total of nine drafts.  I am
attaching the final draft of the most recent version. However, again, if
you require the previous drafts please let me know. 

I should emphasise that this draft guidance is subject to change.  It is
still to be considered by the Deputy Commissioner Graham Smith, and then
to go through a consultation process with our lawyers, and the Houses of
Parliament, before it is finally published.   

Various emails sent and received by the officer who is drafting the new
guidance

These emails, and strings or emails, are the only additional documents
which are held in connection with the re-drafting of this guidance. 
There has been no external correspondence to date. 

I hope that this provides you with the information you require.  However,
if you are dissatisfied with this response and wish to request a review or
make a complaint about how your request has been handled you should write
to the Internal Compliance Team at the address below or e-mail
[2][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is also attached.

Yours sincerely

Angela Ellison (Mrs)

Assistant Internal Compliance Manager

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http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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1. file:///tmp/rad1C25C_files/filelist.xml
2. mailto:[email address]