Dear Sir or Madam,

I would be most grateful if your organisation could confirm whether or not it retains a register of declaration of
interests for the current members of the Corporation Board.

If your organisation does retain this register, then I would be also most grateful if the information contained within the register is supplied to me.

Thank you for your anticipated cooperation.

Yours faithfully,

Colin Webb

Dear Ms Goodhew,

Thank you for your response. With regard to The Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, I would be most grateful if you could explain how exactly is the fee of £50.00 levied for producing your organisation's Corporate Board members register of declaration of interests.

I look forward to hearing from you shortly.

Yours sincerely,

Colin Webb

Dear Ms Goodhew,

Thank you for your response.

I believe your organisation has sent the original document dated 23rd July 2009 once again, which unfortunately does not explain exactly how this charge is made.

The ICO have informed me that they not aware of this particular levy of £50.00 for producing the information requested.

Consequently, which particular section or clause of the Freedom of Information Act 2000 and/or The Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 is your organisation relying upon?

I look forward to hearing from you shortly.

Yours sincerely,

Colin Webb

Dear Ms Goodhew,

Thank you for your response.

I believe Section 7(1) of the Data Protection Act 1998 provides data subjects (persons about whom information is held) with the right of access to their personal data.

I also believe Section 7(2)(b) of the Act states a data controller is not obliged to supply any information under subsection (1) unless he has received, except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

Consequently, it is my belief that your organisation is referring to a subject access request under the Data Protection Act 1998 and not an information request under Section 1 of the Freedom of Information Act 2000. Clearly, I am not making a subject access request, i.e., requesting personal data relating to myself.

I would therefore be most grateful if the information requested is sent to me within 20 working days of receipt of my request, as required by Section 10(1) of the Freedom of Information Act 2000.

Yours sincerely,

Colin Webb

Dear Peter

Thank you for your response.

I believe the defining purpose of the Register is to provide information to the public about the relevant interests of the members of the Corporation Board. These are personal or business interests that might influence their judgement, deliberation or action as members of the Corporation Board, or which might be perceived by a reasonable member of the public as doing so.

I also believe members must consider whether they need to disclose personal involvement with other individuals or organisations which members of the public might reasonably think could influence their judgement.

Therefore, I fail to see what relevance the Register has if it is not open to public inspection. I am now completely dumfounded by the Institute’s response in this particular matter.

As for the issue concerning the fee of £10.00, which the Institute now claims is covered by the Freedom of Information Act 2000 and not the Data Protection Act 1998 as previously asserted, I am utterly confused by the Institute’s statement in this respect

Consequently, for the above reasons I respectfully request an internal review.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/re...

Yours faithfully,

Colin Webb

Dear Peter

Thank you for your internal review response.

However, I must disagree with the Institute's reasoning for withholding the requested information.

Consequently, I will contact the ICO in respect of the Institute's decision.

Yours sincerely,

Colin Webb

Dear Peter

I am in receipt of the register of declaration of interests - thank you.

However, I do not accept GIFHE’s apology that this information was delayed, as it claims, since it is quite clear from the correspondence above that it was GIFHE who obstinately denied me this information to which I was entitled to, hence my complaint to the Information Commissioners Office.

I also find it alarming that Mr McCracken, the Clerk to the Corporation and who is a solicitor, had been copied into matters concerning this request for information yet the Clerk failed to support GIFHE in upholding the law when quite clearly there was no valid reason whatsoever for refusing to disclose this information under Section 1 of the Freedom of Information Act 2000.

I trust that any future requests for information to GIFHE, by any individual, is given careful consideration before submitting a response and its fees policy is reviewed to accommodate the appropriate requirements of Section 9 of the Freedom of Information Act 2000 and the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004.

Yours faithfully

Colin Webb