MendBritain

Freedom Of Information

Anybody can make a request under the F.O.I. and they do not need to mention the act or give any reason why they want the information.

There are occasions when information might not be forthcoming. The information given is often sanitised, with names removed. If a crime has been committed and is awaiting court action then the police may withhold information because it is sub-judice or there may be times when the your request cannot be complied with as it breaches other people’s privacy, or threatens national security. If this is so they must tell you that they have withheld the information and why you cannot have it.

Freedom of Information requests are usually of a generic nature.

You may wish to query the number of planning applications with the local authority, policing policy, and crime figures for an area or even council budgets.

Most public bodies do not charge for FOI requests.

Data Protection

If you wish to find out what information is held on you specifically then it is the Data Protection Act 1998 that you need to use.

Remember:

You have the right to see any data held on you and make sure it is held securely.

You can also request that any data held (i.e. Address and telephone number) is not used for direct marketing.

There is a standard fee of £10.00 to access personal information and the subsequent authority has up to 40 days to respond to your request, but has to acknowledge your request within the first 20 days.

You can use this to get information from any of the previously listed public bodies and also any company. Every public body must by law have a Data Protection or Information Officer that regulates the use of personal data within that body.

Gain access to your records

You can use the data Protection Act to gain access to your medical records, and even your credit history. This is known as a Subject Access Request.

As with Freedom of Information you must be told if there is information that they have but cannot give you and they must tell you why.

If a public body feels that it would not be prudent or too costly to provide you with the information you request they may be able to decline on those grounds.

If you do not feel you have received the information you required or have been turned down unfairly you can appeal and the body to which you appeal must tell you why you have not received the info.

If you are still not happy with the outcome you can write to the Information Commissioners Office (ICO) and ask them to investigate your complaint.

Find Your Local Council at Mend Britain.