Public Access to Information

Information Requests: Freedom of Information Act (FOIA)

• The FOIA provides individuals or organisations with the right to request information held by a public authority via letter or email.
• Following a request, Southern IFCA must tell the applicant whether it holds the information, any associated fee and must normally supply it within 20 working days, in the form requested.
• In accordance with the FOIA, Southern IFCA may charge a fee for responding to a FOI request for:
  • Disbursement costs (such as printing, photocopying and postage)
  • Estimated staff costs involved in locating and/or compiling the information if exceeding £450 (based on an average hourly charge out rate of £25)
  • Where the costs are estimated to exceed £450, Southern IFCA can:
    • Refuse the request,
    • Comply with the request and charge allowable costs as prescribed in the legislation
    • Comply with the request free of charge.
  • If the estimated cost is more than £450, and it is decided to release the information and make a charge, then a fee notice will be sent to the applicant requesting the appropriate fee. The request for information will not be answered until the fee has been received.
  • If the actual cost of completing the request is more than the estimate then Southern IFCA will incur the additional cost. However where the cost is less than the estimated cost then the difference will be refunded to the applicant.
• Southern IFCA does not have to confirm or deny the existence of the requested information or provide it if an exemption applies, the request is vexatious or similar to a previous request, or if the cost of compliance exceeds an appropriate limit.
  • If Southern IFCA decides not to disclose the information requested it will give reasons for its decision, explain how the exemption or exception applies and explain the arguments under the public interest test.
  • If someone is unhappy with Southern IFCAs response or decision not to disclose information under a Freedom of Information request then they can request a review by the CEO of Southern IFCA. When requesting a review of a decision not to disclose information the request must clearly identify the grounds on which the request is based.
  • If the person requesting a review is not satisfied with the response that they receive they may appeal to the Information Commissioner’s Office (ICO). Information on the appeal process is readily available on the ICO website. The ICO will investigate the case and either uphold Southern IFCAs use of an exemption or decide that the information must be disclosed.

Information Requests: Environmental Information Regulations (EIR)

• The EIR’s provide members of the public the right to access environmental information held by public authorities.
• The EIR provides individuals or organisations with the right to request information held by a public authority verbally or in writing.
• Upon receipt of a request Southern IFCA will:
  • Tell the requester whether Southern IFCA hold this information,
  • Make the information available, unless an exemption applies
  • Notify the requester of any reasonable charges in accordance with the published schedule.
  • Respond as soon as possible and no later than 20 working days.
• Southern IFCA can charge for supplying environmental information that they hold in response to a request, but any charge must be reasonable and take account of the aim of the Regulations.
• In accordance with 8(2) of the EIR, Southern IFCA will not charge to access public registers or lists of environmental information it holds or to examine the information that has been requested at a place made available by Southern IFCA.

Published Schedule of Reasonable Charges

• In accordance with 8(1) of the EIR, from 1 ^st March 2024, Southern IFCA may charge for time spent by Southern IFCA staff in locating, retrieving and collating the information in a format requested.  This will be based on an hourly rate of £25 for any time spent which exceeds 2 hours.
• If the estimated time is anticipated to be more than 2 hours, then a fee notice will be sent to the applicant requesting the appropriate fee above and beyond the initial 2 hour period. The request for information will not be answered until the fee has been received.

Information Requests: SAR

• Individuals have a right of access to information held about them under the UK General Data Protection Regulations and the Data Protection Act 2018.
• A SAR can be made verbally or in writing and needs to be made clear that an individual is asking for their own personal data.