What is an ICO decision notice?
What is an ICO decision notice?
The ICO has a general duty to investigate complaints from members of the public who believe that an authority has failed to respond correctly to a request for information. If the complaint is not resolved informally, we will issue a decision notice.
Do FOI requests need to mention FOI?
For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff.
What 3 pieces of information must be supplied by an applicant to make an information request valid?
To be valid under the FOIA, a request must fulfil the criteria set out in Section 8 of the Act. (a) is in writing, (b) states the name of the applicant and an address for correspondence, and (c) describes the information requested.
How do you identify a Freedom of Information request?
Identifying a FOI request It must: be in writing (however, requests for environmental information can be verbal) provide the name of the requester and a contact address (email, postal address or fax number) describe the information which is requested (please contact the FOI officers if you are unsure)
How long does it take ICO to investigate?
We aim to reach an outcome in 90% of concerns cases within six months. If you do want to raise concerns about an organisation then we suggest that you do so within three months of receiving their final response to the issues raised. Waiting longer than that can affect the decisions that we reach.
What information can be withheld from the ICO?
The section 23 exemption applies to any information you have received from, or relates to, any of a list of named security bodies such as the security service. You do not have to confirm or deny whether you hold the information, if doing so would reveal anything about that body or anything you have received from it.
Can you refuse a Freedom of Information request?
The Act recognises that freedom of information requests are not the only demand on the resources of a public authority. You can refuse a request if deciding whether you hold the information would mean you exceed the cost limit, for example, because it would require an extensive search in a number of locations.
What happens if a FOIA request is ignored?
If the agency denies your request or does not respond within the required time period, you can appeal to the agency’s FOIA Appeals Officer. If the agency sent you a denial letter, it should set out the agency’s appeal procedures.
What is a vexatious request?
A request is considered vexatious, if it is likely to cause a disproportionate or unjustifiable level of distress, disruption or irritation. It is not a finding that a particular individual is vexatious and that any other request from them can automatically be refused – it is about the particular request.
What is a Freedom of Information Act request?
The Freedom of Information Act 1982 gives you the right to request access to government-held information. This includes information they hold about you or about government policies and decisions.
What action can ICO take?
The ICO aim to help you comply with the law and promote good practice by offering advice and guidance. The ICO can take action if you breach the eIDAS Regulation, including the power to impose fines of £1,000.
Who is exempt from ICO?
Since 1 April 2019, members of the House of Lords, elected representatives and prospective representatives are also exempt.
What does ICO FOI decision notice insufficient attention to?
ICO FOI Decision Notices – insufficient attention to detail? Anyone used to reading Freedom of Information Act 2000 (FOIA) decision notices from the Information Commissioner’s Office (ICO) will be familiar with this sort of wording:
When to refer FOI request to Information Commissioner?
Accordingly, those elements of her recommendation are issued under section 47 (2) of the FOIA. North Yorkshire Police (NYP) made a self-referral to the Information Commissioner (the Commissioner) regarding the timeliness of its responses to freedom of information requests.
What happens to the Information Commissioner’s decision notice?
A public authority, the requester or both can appeal against the Information Commissioner’s decision notice. If the Tribunal decides that the Commissioner’s decision was wrong in law, or that she exercised her discretion wrongly, it can overturn the decision and issue a substitute decision notice.
How many freedom of information cases have ICO ruled on?
Since 2005 we’ve ruled on more than 13,500 freedom of information and environmental information cases. What we’ve found when visiting and working with organisations. Our monitoring of how long organisations are taking to respond to freedom of information requests.
