Access to Information Policy p4
10 Refusal of Request
If the Council refuses a request for information relying on an exemption, it will notify the applicant which exemption has been claimed and, unless it is obvious, why that exemption applies.
If the reasoning behind the exemption, or the exemption itself, results in the disclosure of information which would itself be exempt, then the Council may not provide that reason.
See Appendix D – Refusing a request for information.
If the Council claims that the public interest (See Appendix E – The Public Interest Test) in maintaining the exemption outweighs the public interest in disclosure, then the Council must state this in its decision, together with the public interest factors it has considered and formed a material part of the decision.
11 Appeals Process (Internal Review)
Any individual that perceives that the Council is not complying with its statutory duty may use this appeals process, known as an ‘Internal Review’.
The internal review process must first be utilised before a referral is made to the Information Commissioner.
A request for an Internal Review may be made if the requestor is not happy with how their request has been handled.
Every response to a request for information will detail how to request an internal review.
There is no stipulation in legislation for how long an internal review is required to take, however, Mid and East Antrim Borough Council will aim to complete this within 20 working days.
Any review of a decision made relating to a request for information, will be reviewed by a person who was not party to the original decision.
If, following the review, the original decision is reversed and information is now disclosed, the reasons for the reversal will be notified to the applicant together with the information requested.
This will be done at the earliest opportunity. If the decision to refuse disclosure is upheld, the reasons for the refusal will be notified to the applicant.
If, having exhausted the internal appeals procedure, the applicant is still dissatisfied, they shall be made aware of their right to apply to the Information Commissioner, as follows:
‘If you are not content with the outcome of an internal review, you have the right to apply directly to the Information Commissioner for a decision.
The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.’
12 Vexatious and Repeated Requests
The Information Commissioner recognises that some individuals/ organisations may try to abuse their rights with request that are unreasonable and which would impose substantial burdens on the financial and human resources of the Council.
The Information Commissioner’s approach is that a request (or the latest in a series of requests) may be treated as vexatious where it imposes a significant burden on the Council in terms of expense of distraction.
Other criteria for a request to be treated as vexatious include:
- It clearly does not have any serious purpose or value;
- It is designed to cause disruption or annoyance;
- It has the effect of harassing the Council; and
- It can be fairly characterised as obsessive or manifestly unreasonable.
These are not exhaustive and where a request may be considered as vexatious the most recent Information Commissioner’s Office (ICO) guidance should be consulted.
13 Communicating the Policy
The Access to Information policy will be clearly communicated and accessible to all of the Council’s customers and stakeholders.
The Policy team delivers a programme of training on Access to Information and is available for tailored sessions to address specific departmental needs.
All Elected Members and relevant staff have access to the policy and supporting material on the shared drive or MinutePad.
14 Data Protection
Mid and East Antrim Borough Council is legally obliged to process personal data gathered from individuals with whom it interacts.
The Council fully complies with the provisions of the Data Protection Act 2018 and handles personal data in accordance with its principles.
All information and personal data provided in relation to access to information requests will be treated in a secure manner and will be used for the purpose for which it was submitted, in accordance with our Data Protection Policy.
In line with Data Protection legislation, the personal details you provide to us as a result of making a request will not be disclosed to a third party.
Should you make a complaint to the Information Commissioner, we may disclose such information to assist with their investigation.
A copy of the Council’s Privacy Notice is available on this website.
15 Records Management
It is an offence to wilfully conceal, damage or destroy information in order to avoid responding to a request.
Destruction of Council records must be in accordance with the Council’s approved Retention and Disposal Schedule.
16 Monitoring and Review
The Policy Manager will be responsible for the monitoring and review of the Access to Information Policy, to include reporting to Council’s Policy and Review Committee every 12 months.