Accessing information not available through our publication scheme

From 1 January 2005, the general entitlement to information under Section 1 of the Freedom of Information (Scotland) Act 2002 enables any member of the public to make a request for information that is not in our publication scheme.

You must make your request in writing or in any form that can be kept for future use, for example, an audio recording or video tape. Please address your request to the Freedom of Information and Data Protection Officer (see the ‘Contact us’ section), and include your name, address, and details of the information you require. It is also helpful if you include an email address or telephone number so we can contact you for clarification if necessary.

You may not be sure of the information you require.  If this is the case, please feel free to telephone us to discuss your request and we will help you to describe the information you are looking for.

We should reply to your request for information as soon as possible. In most cases we must reply within 20 working days.

Exemptions
We aim to be as open as possible and to supply the information asked for whenever possible. However, information may be withheld where we consider that the disclosure may fall within one of the exemptions contained in the Freedom of Information (Scotland) Act 2002. If the request for individual access to any information is refused, we will write to you to explain the reasons for the decision.

Information which is exempt from disclosure under the Freedom of Information (Scotland) Act 2002 includes information which is personal data under the Data Protection Act 1998. There has to be a balance between public access to information and the privacy rights of individuals. Authorities which hold personal information have responsibilities under the Data Protection Act 1998 and may be committing an offence if they give out personal information to other people.

Section 26 of the Freedom of Information (Scotland) Act 2002 also provides that information the disclosure of which is prohibited by any other act is exempt. Section 19 of the Scottish Public Services Ombudsman Act 2002 generally prohibits the disclosure of information about individual complaints except for purposes specified in that section.

In these cases, we will withhold the information and indicate why the information is being withheld. Even where an exemption exists, it may nevertheless be possible to provide copies with the exempted information edited out.

Charging
Requests under the Freedom of Information (Scotland) Act 2002 are free if they do not exceed £100 in cost to the SPSO. This covers the vast majority of requests made to the SPSO. Costs exceeding £100 are chargeable and details of how we calculate fees are listed below. We have brought in this policy in response to those rare instances when we receive complex and/or very time-consuming requests.

• Costs not exceeding £100: Free
• Costs exceeding £100 but less than £600:  10% of costs incurred in excess of £100 (based on a capped rate of £15 per hour)
• Costs of £600 or more: The full costs incurred by the SPSO equal to and over £600 (based on the capped rate of £15 per hour)
• Where it is estimated that it will cost more than £600 to retrieve and supply the information requested, the SPSO will, wherever possible, attempt to narrow the scope of the request and provide what we can within the threshold.
• The SPSO retains the right to refuse to meet a request where it is estimated that the costs incurred will significantly exceed the £600 threshold.
• Costs exclude time spent determining whether the information is held and determining whether any exemptions might apply.

Fees Notice
• The Fees Notice will be issued well within the 20 days time limit for the response to the information request.
• The issue of the Fees Notice will 'stop the clock' for the response to the information request until payment is received.
• The Fees Notice will include a simple breakdown of how the fee has been calculated, a statement that the request will not be answered until the fee is paid, and that payment must be received within 3 months.
• Upon receipt of payment the response time to the information request recommences - that is, the 'clock resumes'.
• If no payment of the Fee is received within 3 months of the date of issue of the Fees Notice, the SPSO will write to the applicant to confirm that the information requested is no longer required.
• The Fees Notice will also state that the applicant can request a review.
• No information must be provided to the applicant until the Fee has been paid.

Unhappy with our response
If you have waited for 20 working days and have not received a response to your request for information, or you have received a response but you are unhappy with the decision, you can request a review.

You must request a review within 40 working days after the end of the 20 working day period for responding to your request for information, or after the date of the response. You should write to the Director of Corporate Services (see the ‘Contact us’ section). You should receive a response within 20 working days.

If we do not respond to your request for a review within the given time, or if you are unhappy with the outcome of the review, you can apply to the Scottish Information Commissioner, who oversees the Freedom of Information (Scotland) Act 2002, for a decision. You should make your application to the Commissioner within six months of receiving our response to your request for review (or the date by which it should have responded to you). Further details about your general rights to access information and the functions of the Scottish Information Commissioner can be found on his website.

Kevin Dunion
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS

Tel: 01334 464 610
Fax: 01334 464 611
Email: enquiries@itspublicknowledge.info
Web: www.itspublicknowledge.info

Environmental Information
If you want information about the environment, your request will be dealt with under separate environmental information rules called the Environmental Information (Scotland) Regulations.

If you require environmental information you can make a verbal request.

Access to personal information about yourself
There is no right to see personal information about yourself under the Freedom of Information (Scotland) Act 2002. You do, however, have rights to request and receive your own personal data under the Data Protection Act 1998.

All requests to the SPSO under the Data Protection Act 1998 for your personal data are free.

You must make your request in writing. Please address your request to the Freedom of Information and Data Protection Officer (see the ‘Contact us’ section), and include your full name and address and any other information to help identify you and the information you need. You should receive a response within 40 calendar days of receipt of the information needed to identify you and the information you need.

If you are unhappy with our handling of a request for your personal information, you can write to the Director of Corporate Services (see the ‘Contact us’ section) to request a review. If you remain unhappy you can complain to the (UK) Information Commissioner.  This is the independent public official who enforces rights to personal information. His office can give you advice on your rights under the Data Protection Act 1998. His main office is based in Wilmslow, Cheshire and he has a regional office in Edinburgh:

Main office
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 (or 01625 545745)
Fax: 01625 524510
Email: casework@ico.gsi.gov.uk
Web: www.ico.gov.uk

Scotland
Information Commissioner's Office - Scotland
93-95 Hanover Street
Edinburgh
EH2 1DJ

Tel:  0131 301 5071
Fax: 0131 301 5069
Email: Scotland@ico.gsi.gov.uk