Frequently Asked Questions
Questions
- What rights did the Act create?
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What happens if the Authority doesn't understand my request?
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Does the Act only apply to records created from 1st January 2005?
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Will I be able to obtain personal information about myself under the Act?
1. What rights did the Act create?
The right to be told whether information exists and the right to receive to receive information (subject to exemptions).
2. What is the purpose of the Freedom of Information Act?
It is intended to give the public greater access to information about the working of Government and public bodies.
3. When does the Act come into force?
The Act came into effect on the 1 January 2005. Under the Act, the Police Authority is also required to produce a Publication Scheme. This was last revised in December 2008.
4. Who can request information?
Anyone can request information under the Act regardless of age, nationality or location.
5. What information will be available?
Any information held by a public authority is eligible for release. However, a number of exemptions may be applied to protect information properly kept confidential.
6. What is a publication scheme?
This scheme sets out what kinds of information the Police Authority will proactively make available and how we will do it.
7. How do I make a request?
The Act requires that all requests:
- Are in writing (this does include emails)
- State clearly what information is required
- State the name of the applicant, and an address for correspondence
8. What happens when I make a request?
The Police Authority must respond as soon as possible, and not later than 20 working days after receiving your request (unless we agree the need for further clarification of your request). If the request relates to information held by Warwickshire Police you will be informed accordingly.
The Authority will consider your request, and reply.
The reply will confirm or deny whether or not the information is held, and either provide the information you requested, or explain why it has not been provided, quoting an exemption under the Act.
9. What happens if the Authority doesn't understand my request?
Under the Freedom of Information Act, the Authority has a duty to advise and assist requesters. If the Authority doesn't understand your request, we will contact you to seek clarification.
10. What does it cost?
If you are requesting information contained in the Authority's Publication Scheme, the Scheme gives details of whether the Authority will charge for providing the information.
If you are requesting information not contained within the Publication Scheme, the Authority may charge you a fee, as laid down in national regulations. Generally, this fee will only be applicable where a large volume of information is requested or if the request is particularly complex. In such instances, a fee notice will be issued and, if you refuse to pay the fee, the Authority can refuse to supply the information.
11. What happens if my request is refused?
A request for information may only be refused by the Authority if it falls under one of the exemptions.
If your request is refused, the Authority will identify which exemption it is applying, and give you details of how to apply for an internal review of our decision to refuse.
If, after an internal review, the Authority still refuses your request, you may ask the Information Commissioner to review that decision.
12.How many requests can I make?
The Act does not specifically limit the number of requests you can make. However, section 14 of the Act states that a public authority can refuse any vexatious or repeated requests. This may include repeated requests from the same person for the same information, or requests which are intended to disrupt the authority's work.
13. How can I use the information I receive?
The Freedom of Information Act does not place restrictions on how the information supplied under it may be used. However, the Act does provide for exemptions for commercially sensitive information, information intended for future publication or information related to investigations, law enforcement and court records. The Act does not transfer copyright in any information supplied under it.
14. Can I ask for the information in a different format?
You may request that the information be supplied in any form. However, the Authority may take into account the cost of supplying the information in the format requested before deciding how to comply with your request. In particular, you may ask for information in permanent form, in summary form, or for permission to inspect records containing the information.
It may also be possible for public authorities to supply the information in Braille or audio format, in large type, or translated into another language. However, you should discuss this with the Authority direct.
15. Does the Act only apply to records created from 1st January 2005?
No, the Act is fully retrospective.
16.Will I be able to obtain personal information about myself under the Act?
Requests for personal information will continue to be dealt with under the Data Protection Act.
17. Right to Complain
Applicants have a right to right to complain if dissatisfied with any of the aspect of the service received, and the Authority has a complaints procedure, which can be obtained on request.
