Frequently Asked Questions
What is the purpose of the Freedom of Information Act (the
"Act")?
The purpose of the Act is to promote greater openness by
public authorities (ie local authorities, schools, police, NHS
bodies…). Individuals already have the right to access personal
information about themselves under the Data Protection Act 1998. As
far as public authorities are concerned, the Freedom of Information
Act will extend this right to allow the public access to all types
of information held by the authority. One of the ways
Harlow Council intends to give the public access to
information is by publishing a Publication Scheme.
Who can use the Act?
Anyone is entitled to make a request for information, and no
one need state his or her reasons for applying.
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What sort of information can I seek access to?
You can apply for access to any information recorded in any
form held by any of the wide range of bodies covered by the Act.
You have the right to seek access to actual documents and records
held by the authority.
What is the Publication Scheme?
A publication scheme is simply a guide to the types of
Information Harlow Council undertakes to make available to the
public as a matter of routine. As well as describing the types of
information the Council will make available, the scheme also
indicates whether a charge is made for any types of information and
also the form in which information is published (for instance on a
website or as leaflets).
What can I do if the information I want is not listed in the
Scheme?
You can write to Harlow Council to request the
information you are seeking.
How do I make a request for information?
Requests for information must be in writing and be clear
enough to enable Harlow Council to identify and locate the
information requested. (However, if we need further clarification
from you in order to identify and locate the information requested,
then we will tell you what information we require.).
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What happens if the public authority doesn’t understand what
information I want?
If Harlow Council has a reasonable need for further
information from you in order to identify and locate the
information requested, we will tell you what information is
required. We are not obliged to supply the information to you
unless you give the further information we have requested. Under
the Act Harlow Council has a duty to provide advice and
assistance, where reasonable, to applicants in making their
requests.
If Harlow Council refuses my application for information,
will you tell me why?
If Harlow Council decides not to disclose information in
response to a request, you are entitled to know why. We must give
notice to you that we are not disclosing the information requested,
or where appropriate, that we are relying on the “neither confirm
nor deny” (that the information is held) provision.
We must specify which exemption is being relied upon, and, if
it is not obvious, explain why the exemption applies to the
information in question.
The notice that we give you must contain particulars of our
procedures for dealing with complaints, and particulars of the
right to apply to the Information Commissioner for a
decision.
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What are my rights if the Council refuses to disclose
information I have requested?
Harlow Council will have in place a procedure for dealing
with complaints from applicants who consider that their request has
not been properly handled, or who are otherwise dissatisfied with
the outcome of the consideration of their request. In the first
instance your complaint will be dealt with via
Harlow Council’s internal complaints procedure.
Where the outcome of the internal complaints procedure is in
the Council’s favour, ie upholding the decision, the applicant has
the subsequent right to apply to the Information Commissioner’s
Office, who will investigate the complaint and determine whether
the request for information has been dealt with in accordance with
the requirements of the Act. The Information Commissioner can be
contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
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Can Harlow Council charge for supplying me the
information?
If you request information contained in our Publication
Scheme, the Scheme will advise you of the cost of providing the
information.
If you make your request under the Act, a fee may be charged
which will be calculated according to the Fee Regulations. Where a
fee is charged you will be advised and it will be necessary to pay
in advance. If the fee is not paid within three months of the
original request, the request will be considered lapsed.
How can I obtain information about myself?
The Data Protection Act 1998 will remain the key legislation
for the regulation of personal information held by
Harlow Council and other authorities.
Personal information relating to the applicant is exempt from
the Freedom of Information Act. The right to know whether personal
information is held, and if so, have access to it is covered by the
provisions of the Data Protection Act 1998.
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Will other people be able to see personal information about
me?
A great deal of information that Harlow Council holds is
personal and private to individuals. As mentioned above,
applications for ‘personal data’ made by the ‘data subject’ are
handled under the Data Protection Act 1998. Where an applicant
other than the data subject makes an application for ‘personal
data’, that application is handled under the Freedom of Information
Act 2000, however the Act provides very broad exemptions designed
to secure data subjects’ rights of privacy. Therefore
Harlow Council will not be making public, private and
confidential information about people’s personal Council Tax,
Benefits, tenancy, or any other arrangements with the
Council.
To contact somebody about this page please use the following
contact details:
Marie Bentley
Corporate Information Manager
Harlow Council
Civic Centre
The Water Gardens
Harlow
Essex CM20 1WG
Tel: 01279 446736