APPEAL PROCEDURE –
Data Protection Act 1998, Freedom of Information Act 2000 and Environmental
Information Regulations 2004
REFERENCE: DPA/PRO-3/LE
GROUP DEPUTY PRINCIPAL
CORPORATE SERVICES
1.
EIA
Date:
22.04.2009
2.
VP Approval
Date:
22.04.2009
Review Date:
April 2017
This procedure was updated on 24.11.2016 and is maintained by Legal Affairs.
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1.0 PROCEDURE STATEMENT
Warwickshire College aims to satisfy all valid requests for information under the Data
Protection Act 1998, Freedom of Information Act 2000 and Environmental Information
Regulations 2004, subject to the exemptions stated in the Acts.
2.0 GENERAL PRINCIPLES
The College endeavours to ensure that:
1.
all personal data collected on paper systems and on electronic systems shall be stored
securely;
2.
personal data shall not be accessible to or disclosed to any unauthorised third party;
3.
all staff, learners and other data subjects know how to access corporate information
and the personal information the College may hold about them via the production of
guidance and advertisements in ‘Headlines’ and ‘Connect Six’;
4.
staff, learners and other users of the College are able to access corporate information
and their personal data held by the College;
5.
staff, learners and other users of the College are able to appeal if a request for
information is refused by the College;
6.
where information has been provided by the data subject, in relation to the Data
Protection Act 1998, College records will be up to date and accurate;
7.
it complies with its obligations under the Acts specified at point 1.0 of this Policy..
3.0 APPEALS PROCEDURE
In the event of dissatisfaction with the way in which your request was processed and/or with
the decision taken by the College in relation to a request for personal information, the
College’s corporate or environmental information or in the way the College operates its
Publication Scheme, an appeal should be made as follows:
3.1 Resolving an appeal
The College encourages dissatisfied customers to raise concerns about how their request
was dealt with and/or the outcome of a request for information by writing to the College.
The details of an appeal should be clearly stated in writing and sent to:
Legal Affairs
Royal Leamington Spa College
Warwickshire College Group
Warwick New Road
Royal Leamington Spa
Warwickshire
CV32 5JE
Email:
xxxxxxx@xxxxxxxxxxxx.xx.xx
This procedure was amended on 16th October 2015 and is maintained by Legal Affairs.
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The reason(s) for the appeal should be clearly stated in the letter and the following
procedure will then be applied:
3.1.1 How an appeal is dealt with
An appeal can be raised on three grounds 1) the way in which the original request was
processed, 2) a refusal to disclose requested information, or 3) the College’s non-
compliance of its Publication Scheme. An acknowledgement of the appeal will be made
within three working days and a member of the College’s Senior Leadership Team will
arrange for a review to be conducted.
3.1.2 An appeal against the way in which a request was processed
The member of the Senior Leadership Team will arrange for an internal review of the
process used to deal with a request. This review will be conducted by a person not party to
the original decision. The review will look at the issues raised in an appeal, but may also
include (at the discretion of the reviewer) a review of the time taken to resolve the request
from receipt to response, the level of priority given to a request (taking into account the
workload of the staff members involved in processing the request at the time), any fee
charged and how that amount was arrived at and any other issues pertinent to the process
and as required by the relevant Act. The member of the Senior Leadership Team will inform
the complainant, usually via the Legal Affairs Officer, of the outcome in writing.
A response will normally be made within 20 working days of a formal appeal. However, the
response time will vary depending on individual circumstances. Where consideration takes
longer than 20 working days, i.e. because of research into the legal aspects relating to the
appeal, the College will endeavour to keep the complainant informed of progress and the
reasons for any delay.
Appeals will be dealt with in confidence as far as it is reasonably able to do so.
3.1.3 Appeal against a decision not to disclose information
The member of the Senior Leadership Team will arrange for an internal review of the
reason(s) for the decision to refuse disclosure. This review will be conducted by a person not
party to the original decision. The member of the Senior Leadership Team will inform the
complainant, usually via the Legal Affairs Officer, of the outcome in writing. If the outcome of
the internal review is that the information originally requested should be disclosed, it will be
provided as soon as practicable.
A response will normally be made within 20 working days of a formal appeal. However, the
response time will vary depending on individual circumstances. Where consideration takes
longer than 20 working days, i.e. because of research into the legal aspects relating to the
appeal, the College will endeavour to keep the complainant informed of progress and the
reasons for any delay.
Appeals will be dealt with in confidence as far as it is reasonably able to do so.
3.1.4 Appeal against compliance involving the College’s Publication Scheme
A member of the Senior Leadership Team will arrange for an internal review of the alleged
non-compliance. This review will be conducted by a person not party to the original
compliance. The member of the Senior Leadership Team will state in writing whether the
College has failed to comply with the relevant legislation. An explanation of any non-
This procedure was amended on 16th October 2015 and is maintained by Legal Affairs.
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compliance will be given and an indication of what steps the College intends to take to rectify
the matter.
A response will normally be made within 20 working days of an appeal. However, the
response time will vary depending on individual circumstances. Where consideration takes
longer than 20 working days, i.e. because of research into the legal aspects relating to the
appeal, the College will endeavour to keep the complainant informed of progress and the
reasons for any delay.
Appeals will be dealt with in confidence as far as it is reasonably able to do so.
4.0
What to do if you remain dissatisfied
In the event that the appeal cannot be resolved through the above procedure, individuals
have a right to appeal to the Information Commissioner’s Office. If such an appeal is to be
made, the application should be made in writing to the:
Information Commissioner’s Office
Wycliffe House,
Water Lane
Wilmslow,
Cheshire
SK9 5AF
This procedure was amended on 16th October 2015 and is maintained by Legal Affairs.
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