Applying for Information
- Do I have to make a special request for any information held by a public authority?
- What about information which is not listed in a publication scheme?
- How do I apply to a public authority to get information from them?
- Do I have to provide my real name and my full address when I ask for information?
- How do I know I'm writing to the correct public authority?
- Will my request for information cost me anything?
- What happens if I am not happy with the response I get from a Scottish public authority?
- What happens if the Commissioner's decision is ignored?
Do I have to make a special request for any information held by a public authority?
You won't have to make a special request for any information which is already published by the public authority. Such information will be described in their publication scheme, which is a document listing the types of information which the authority has already made available and giving details of how you can access the information. The publication scheme should be available on the authority's website, or provided on request.
What about information which is not listed in a publication scheme?
You can generally request any information which is not already listed in the authority's publication scheme, but there are some situations which may allow the public authority to withhold specific information. Such information is said to be "exempt" from disclosure, and includes information which would threaten national security, or would "substantially prejudice" the effective conduct of public affairs or the administration of justice. There are other types of information which can be withheld in certain circumstances, such as trade secrets, personal information and information intended for publication within 12 weeks.
Many of these exemptions are subject to a "public interest" test, which means that even if an exemption applies, it should still be released if it that action would be in the public interest. The Act makes it quite clear that the balance should always lie in favour of releasing the information.
If the information you request is not supplied, the public authority has to make clear why it is withholding the information, and why they believe it would not be in the public interest to release it. If you believe they should not have withheld the information you can ask the Scottish Information Commissioner to investigate.
How do I apply to a public authority to get information from them?
From January 2005, any request made to a public authority in writing will be regarded as a request under the Freedom of Information (Scotland) Act. You do not have to quote the Act but you do have to make the request in writing or in another way that can be used for further reference e.g. by e-mail.
Do I have to provide my real name and my full address when I ask for information?
The Act says that a request must include the name of the applicant and an address for correspondence. The Commissioner has confirmed that an e-mail address is sufficient when you are asking for information. However, if you send your request by email, you must give your name in the body of the email to fulfil the requirement that the name of the applicant is given. Even if your name appears in your email address (e.g. john.smith@hotmail.com) you must add your name to the text of your request, so that it is clear who the email is from.
You must give your real name, as the public authority does not have to answer your request if you have used a false name or pseudonym. The Commissioner will not be able to carry out an investigation if he finds out that you have used a false name.
If you have particular reasons for not wanting to reveal your identity to the public authority, you should ask a friend or family member to make the request for information.
How do I know I'm writing to the correct public authority?
The authority will inform you if it does not hold the information you are requesting. It may be aware of where the information is held in which case it has a duty to assist you by suggesting another public authority to which you should submit your request.
Will my request for information cost me anything?
Most requests should be dealt with free of charge and where a fee is charged it is likely to be small.
If the cost to the authority is more than £100 but £600 or less, the authority can charge you 10% of the cost of providing the information, but the first £100 is always free. So the maximum it can charge you in most situations is £50 (this would be where the cost to the authority is £600).
If the total cost to the authority is more than £600 the authority can refuse your request.
Most information in a publication scheme is free of charge or available for a small fee. If there is a charge, the scheme must show details of the charges.
The charge for providing some information, such as birth, marriage and death certificates, may be set by other laws.
See "What could it cost" in Your Rights for more information.
What happens if I am not happy with the response I get from a Scottish public authority?
If you are not happy with the decision of the authority you can ask them to review their decision. If you are still dissatisfied after they have reviewed their decision you can then (and only then) make an application for determination by the Scottish Information Commissioner. The Commissioner can then investigate the decision and determine whether you should receive the information requested in full or in part, or whether the authority's decision should be upheld.
What happens if the Commissioner's decision is ignored?
If the Commissioner's decision is not complied with, then the Commissioner has the power to take action in court.