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Data Protection and Freedom of Information

The County Council is already honest and open in all that it does and the information it holds. Previous legislation, such as the Data Protection Act 1998, provide a regulation framework for what information we can give and to whom. The Government have passed the Freedom of Information Act 2000 (the FoI Act). This establishes a statutory general right of access to all types of recorded information held by public authorities.

The FoI Act also sets out exemptions from that general right and places a number of obligations on public authorities. The Act applies to many public authorities, including local authorities, and was brought fully into force on 1 January 2005. Local authorities will have:

• to produce, and have approved by the Information Commissioner, a 'publication scheme (which is effectively a guide to the information they hold which is publicly available); and
• to deal with individual requests for information. The Data Protection Act still deals with access to personal information and the FoI Act deals with access to non-personal information and 3rd party information.

From 1 March 2003 you are entitled to any information which we have included in our publication scheme.

The general access rights under the Act came into force on 1 January 2005 you are entitled, on making a request for information to the Council (unless the information falls under one of the specific exemptions in the Act):

a.) to be informed in writing by the Council whether it holds information of the description specified in the request; and

b.) if that is the case, to have that information communicated to you.

There are various exemptions under the Act. The main exemption is that if the information is contained in the Council's Publication Scheme then we will simply let you know that the information is already available.

To be valid a request:-

1. Must be in writing (including e-mail);

2. Must state the name of the applicant and a postal address for correspondence; and

3. Must adequately describe the information requested.

To help you make valid requests that properly answer your questions we will contact you on receipt of a request to discuss what information is available. If you have any general queries about the FOI and Powys County Council please contact one of the Information officers listed below.

Under the Freedom of Information Act 2000 all public authorities are obliged to adopt and maintain a publication scheme specifying:

• Classes of information which they publish or intend to publish;
• The manner in which the information is or is intended to be published; and
• Whether the material is or is intended to be made available to the public free of charge or on payment.

One of the aims of the Freedom of Information Act is that public authorities should be clear and proactive about the information they make available to the public. The Act requires all public authorities to produce publication schemes, setting out what information they will make "readily available" as a matter of course and when and how they will make it available.

By "readily available" we mean that the information is available:

• On the Council's website;
• On another website from a public library, or
• Will be supplied immediately on receipt of a letter, fax, e-mail or telephone call to the Council.

Click here to access the Council's Publication Scheme.

The scheme is a list of information and publications which we already provide.  The list is not yet fully comprehensive, but is under continual review, and will be added to as future information is made available.

The Act provides for a time limit for dealing with a request for information - that is, within 20 working days. The Act also provides for an appeal mechanism whereby you may apply to the Information Commissioner for a decision as to whether we dealt with a specified request in accordance with the Act.

We may charge a fee for processing Freedom of Information requests. The fees are prescribed by secondary legislation in accordance with the Appropriate Limit and Fees Regulations 2004.

The Information Commissioner was previously called the Data Protection Commissioner but he now also has responsibility for implementing FoI.

There is a statutory right of access (certain exemptions apply) to personal data under the Data Protection Act 1998. The right of access here is to personal data held on computer or on structured manual files and the data subject is entitled to be informed whether any personal data concerning themselves is being held by the "data controller", i.e. the Council, and, if so, to be:

• Given a description of the data in question;
• Told for what purposes the data is processed;
• Told of the recipients or classes of recipients to whom the data are or may be disclosed.

There is also an entitlement to be given a copy of the information with any apparent unintelligible terms explained and to be given any information available to the Council as to the source of the data. The Freedom of Information Act extends this right to access personal data held on any type of file, with effect from 1 January 2005.

Requests for information can be submitted directly to the relevant Department. If you do not know which Department holds the information you need, you can e-mail Information Management at foi.queries@powys.gov.uk. If you do not have an e-mail account, or are using a public computer, you can use the the e-mail form below. Please remember that if you want us to respond, you must enter either an e-mail or postal address, or both.

 

Your name:
Your e-mail address:
Your postal address:
Your Query:

Name	Telephone
Mrs Andrea Hughson	01597 825013
Mrs Sam Ryan	01597 829453

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