Information Disclosure Policy Statement
All public bodies are obliged to respond to requests for information either under Data Protection or Freedom of Information legislation.
Both Acts require the recipient of a request to answer that request within the legislative time frame (20 days for Freedom of Information requests and 40 days for Data Protection requests)
The Freedom of Information Act 2000 gives two related rights:
- The right to be told whether the information exists, and
- The right to receive the information (subject to exemptions)
Overall, there is a presumption of disclosure and information that is held by the Council will be provided to the public except where an absolute exemption applies, or the public interest in withholding the information outweighs the public interest in disclosure.
Requests from individuals for access to personal information about themselves is an absolute exemption and such requests should be dealt with under the Data Protection Act 1998.
The Data Protection Act 1998 requires the Council to comply with the “Data Protection Principles” when keeping and/or handling “Personal Data”, i.e. data (information) relating to a living individual who can be identified from the data. Special provisions apply to the handling of “sensitive personal data” (such as data consisting of information as to the ethnic origin or political opinion of an individual).
Particular care must be taken in the disclosure to or sharing of data with third parties. It should not be assumed that because a person or another organisation, however reputable, makes a request for data to be disclosed that the Council may lawfully make such disclosure.
Under the law relating to Local Government, Councillors have certain special rights of access to certain categories of data held by the Council. Those rights are set out in the Member/officer protocol and Part 42 of the Council’s constitution. Reference should be made to those documents (which are published on the Council’s Intranet) when considering a request for access to data by a Councillor. In cases of doubt or difficulty the Legal Services Section should be consulted.
Failure to comply with Data Protection and Freedom of Information legislation renders the Council liable to enforcement action and, possibly, claims for compensation or even criminal prosecution. The Chief Executive as Head of the Paid Service is ultimately accountable to the Information Commissioner for compliance with information legislation. It is the responsibility of the Borough Solicitor with the assistance of the Council’s Information Compliance Officer to ensure that Directors are informed of their Department’s responsibilities. Directors are responsible for ensuring that appropriate systems are put in place and operating properly to ensure compliance with the legislation in their Departments.
Within each Directorate a Departmental Information Compliance representative has been appointed to be an initial source of advice and guidance and to co-ordinate responses to requests for information under both data protection and freedom of information legislation.
Any member of staff receiving a request for personal data or requests for information of a non routine nature should follow the procedures established in their departments.
As the Council takes its information compliance responsibilities seriously all staff will receive an appropriate level of training. Section Heads/Heads of Service are responsible for ensuring that the staff for whom they are responsible receive training where applicable.
The Council expects all its employees to comply fully with this policy and Data Protection and Freedom of Information legislation. Disciplinary action may be taken against any Council employee in breach of the policy or legislation.
In schools, all references relating to ‘the Council’ refer to the Governing Body. Headteachers are responsible for compliance with information legislation.
Headteachers’ responsibilities are, therefore, to ensure that appropriate systems are put in place and operating properly to ensure compliance with the legislation, to co-ordinate responses to requests for information and to ensure all staff receive an appropriate level of training. Advice and guidance will be available from the Education & Libraries Department to both school staff and governors.
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