Freedom of Information
The Freedom of Information (Scotland) Act 2002 gives a general right of access to all types of recorded information held by Scottish public authorities, including Angus Council. Freedom of Information (FOI) is about improving access to information by the public and will deliver greater openness and transparency throughout the public sector.
What is Freedom of Information (FOI)?
The FOI Act gives any person or body resident in or outside Scotland the right of access to all types of recorded information of any age held by public authorities. This means that anyone who makes a request to the Council for information must be provided with the information unless any exemptions apply. See the Guide for Customers (110 KB PDF) for more information
What information is available?
Like every other public authority, Angus Council has produced a publication scheme which sets out what types of information is available, how the information is available and whether or not it is available free of charge. The Council's scheme has been in operation from 1 June 2004. Please see Section 11 of the Publication Scheme for details of other publication schemes of associated bodies that may be of interest, including Angus Licensing Board, Angus Environmental Trust and Tayside Joint Police Board.
If the information you are looking for is not available in the scheme, you can make a request to the Council for the information.
How do I make a request for information?
Your request must be in some sort of permanent form, so that there's a permanent record of it. This could be a letter, e-mail or handwritten note. There is an Information Request Form available to help you make your request. These forms are also available from Council offices.
What happens when you receive my request?
We must answer your request within 20 working days of receiving it. We will contact you within this time if we need further details to help us find the information.
Your request may actually fall under Environmental Information Regulations or the Data Protection Act. If we think this is the case, we will let you know as the rules and procedures for dealing with these types of requests are slightly different.
Is access to personal information covered?
This is already covered by the Data Protection Act 1998. Under the Data Protection Act, people have the right to access information specifically about them which is held on computer and in some paper files. Data Protection is the responsibility of the UK Information Commissioner, not the Scottish Information Commissioner, who has a responsibility for Freedom of Information in Scotland. To assist you, the Council has produced guidance on making a request for personal information, see:
- Overview for Customers (50 KB PDF)
- Guide for Customers (70 KB PDF).
Will I be able to see all the information?
We will always make as much information available as possible. However, there are certain circumstances where the Council is legally permitted to withhold information from you. If we propose to withhold information, we will tell you why. You have the right to appeal about any information which is being withheld from you.
Will I be charged a fee?
Most requests will be free. However, the Council is allowed to charge a fee for answering some requests for information. If we plan to charge a fee, we will tell you what the fee will be before we provide the information. We will not provide the information until any fee is paid.
Who will enforce the Act?
The Freedom of Information (Scotland) Act 2002 will be enforced by the Scottish Information Commissioner. The Freedom of Information Act 2000 in England and Wales is a separate piece of legislation enforced by the UK Information Commissioner. He also has responsibility for the Data Protection Act on a nationwide basis.
Who do I contact for further information?
The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
FIFE KY16 9DS
Tel: 01334 464610
Fax: 01334 464611
email: enquiries@itspublicknowledge.info
Website: www.itspublicknowledge.info