|
Q & A - Freedom of Information
Index
FI501 - Freedom of Information Act Fees
Q FI501 - Freedom of Information Act Fees – I am unsure about the new right to information under the Freedom of Information Act. Can
you clarify this for me and tell me what fees are permitted.
(11/01/05)
Answer - The Freedom of Information Act applies to all recorded information.
This includes paper files, computer files and internal e-mails and the Act is fully retrospective.
From January 1st this year, if you receive a written or e-mailed access request for information you must generally comply within 20 days in the preferred format of
the applicant, if that is practicable.
There are a number of absolute or qualified exemptions. (see Part II of the Freedom of Information Act. You may exclude only the information which is specifically
exempt. You need not respond if the information is already available in your publication scheme or anywhere else, or if you have already fixed a date for publication before receiving the access request.
You need not respond to vexatious requests.
The Information Commissioner is responsible for ensuring the Act is implemented correctly. The ultimate sanction for failing to respond to a legitimate
request may be a substantial fine or imprisonment!
The fee regulations have only recently been published and our interpretation has yet to be officially confirmed. However, we believe that;
- Most access requests are expected to be free,
- You may not charge for;
- o Time taken to locate, retrieve, collate or extract information, unless the estimated cost of doing so would exceed the
‘appropriate limit’ of £450 for GP practices, based on a rate of £25/hour.
- o Time taken to write a covering letter to inform the applicant that the information is being provided
- You may charge a ‘reasonable’ fee that is not capped to cover the incurred costs;
- o Informing the applicant that you hold the requested information
- o Summarising the information
- o Putting information into the preferred and requested format
- o Translating information into a foreign language, unless this is impracticable or translation, for example into Braille,
is required free of charge under the Disability Discrimination Act
- o Cost of photocopying or printing (it is suggested that this would not exceed 10p per sheet)
- o Postage or other forms of communication
- You should inform the applicant of the fee before incurring the costs.
If you require further information or specific advice please contact the LMC Office
Further information
LMC guidance on Freedom of Information Act 2000
Department of Health Guidance on Freedom of Information Act 2000
CED
|
