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Govs / Procedures/ FOIA Dealing With A Request Under FOIA 2000

This document outlines the process for dealing with requests under the UK's Freedom of Information Act 2000 (FOIA 2000). It discusses determining if a request is valid, managing initial aspects of a request, assessing if any exemptions apply, and the process for applying exemptions. Key steps include determining if a request is vexatious, identical to a previous request, relates to information held by the public authority, or if responding would exceed the cost limit. It also provides the process for applying both absolute and qualified exemptions, considering the public interest test for qualified exemptions.

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JULIO CESAR BRANDAO CARVALHO
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45 views

Govs / Procedures/ FOIA Dealing With A Request Under FOIA 2000

This document outlines the process for dealing with requests under the UK's Freedom of Information Act 2000 (FOIA 2000). It discusses determining if a request is valid, managing initial aspects of a request, assessing if any exemptions apply, and the process for applying exemptions. Key steps include determining if a request is vexatious, identical to a previous request, relates to information held by the public authority, or if responding would exceed the cost limit. It also provides the process for applying both absolute and qualified exemptions, considering the public interest test for qualified exemptions.

Uploaded by

JULIO CESAR BRANDAO CARVALHO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Dealing with a request under FOIA 2000

Receiving a request

Valid request: Write back advising how to make valid


request.
• In writing No
• Name and address
• Adequately describes
information? Request further information to identify and
No locate requested information.

Initial management of request

Is the request ‘vexatious’? Yes Issue refusal notice stating request


refused as ‘vexatious’.

No

Is request ‘identical or Issue refusal notice setting out basis of


substantially similar’ to a recent Yes refusal (unless already done so for
request made by the same previous request and unreasonable to do
individual/ organisation? so again).

No
No Held by you ‘on behalf of’ another public
Does the request relate to authority. Redirect applicant’s request
information ‘held’ by you? to originating authority.

Yes
Held ‘on behalf of’ another 3rd party?
Consider whether within scope of the
Act; or S41 or S43 exemptions.
Does the estimated cost of
searching and communicating No
information exceed the
‘appropriate limit’? Deal with request

Yes

Will requests costing above No Discuss with applicant making request


appropriate limit to be dealt with? more manageable or resubmitting part
only so below appropriate limit

Yes

Deal with request. Go to exemption


flow chart

Govs / procedures/ FOIA Dealing with a request under FOIA 2000


Exemptions under FOIA 2000

Identify possible exemptions

Issue refusal notice stating:

Yes • No duty to confirm


or deny;
Is it an ‘absolute’ exemption? Exemption absolute in relation to • Exemption relied
Yes duty to confirm or deny? on;Yes
and
• Why exemption
No applies
No
It is a ‘qualified’ exemption
Issue refusal notice: confirming or denying that
hold requested information; and stating that not
obliged to communicate it as [specify
Yes exemption] applies and stating why exemption
applies.
Does the public authority Does the public interest in
Uncertain
need more time to maintaining the exclusion to
consider ‘public interest’ confirm or deny outweigh the
test? public interest in confirming or
denying that public authority Does the public interest in maintaining the
holds requested information? exclusion to communicate the requested
No information outweigh the public interest in
communicating the requested information? Yes

No
Yes Yes No

Issue refusal notice stating need Issue refusal notice stating: Must confirm that hold Issue refusal notice: confirming
more time to consider decision requested information or denying that holds requested
and give time estimate of when • No duty to confirm or deny; and communicate it information; and stating that not
will reach decision (the notice • No exemption relied on; and obliged to communicate it as
should be sent within the 20 • Why exemption applies [specify exemption] applies and
working day limit) stating why exemption applies

Govs / procedures/ FOIA Dealing with a request under FOIA 2000

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