Information Requests, Getting the Basics Right

Every town and parish council is unique; they face their own challenges and strengths. As public bodies, councils play a vital role in promoting transparency and protecting personal data.

Two key pieces of legislation that help deliver this are the Freedom of Information Act 2000 (FOIA) and the UK General Data Protection Regulations (UK GDPR).

• The FOIA allows anyone in the world to request information, and the UK GDPR includes a mechanism called the Subject Access Request (SAR), which will enable people to check what data you have about them.

Our local council expert looks back over the last few weeks at some common themes and gives you his top tips to help ensure your council remains compliant and upholds the rights of individuals.

1. You Can’t Take Away Someone’s Right to Make a Request

It’s important to remember that every person has the legal right to make a Freedom of Information (FOIA) request or a Subject Access Request (SAR).

No council policy can remove that right. 

While councils may manage contact with individuals under a vexatious or unreasonable behaviour policy, that policy can’t be used to block or restrict someone from using their legal rights under FOIA or UK GDPR. Rights granted by law cannot be overridden by internal policy.

Top tip: When reviewing your policies, if it seems as if the wording could limit someone's rights, amend the policy.

2. FOIA Requests Can Be Vexatious – But Only on a Case-by-Case Basis

Under Section 14(1) of the FOIA, a request (not the person) can be deemed vexatious, but the bar to achieve this is very, very high. It’s based on four broad themes identified in the Dransfield case law:

• The burden (on the public authority and its staff);

• The motive (of the requester);

• The value or serious purpose (of the request); and

• Any harassment or distress (of and to staff).

  
  

However, these are not a checklist, nor are they exhaustive, but they are useful indicators.  

The judge in Dransfield stated that “all the circumstances need to be considered in reaching what is ultimately a value judgement as to whether the request in issue is vexatious in the sense of being a disproportionate, manifestly unjustified, inappropriate or improper use of [the] FOIA”

Each situation must be judged on its own merits and on a case-by-case basis.

You can’t assume that because someone has made tricky requests before, everything they send in is automatically vexatious.

Always focus on the content and context of the request, not the person behind it.

Top Tip: Remember to treat each request individually and impartially, don't consider previous requests. Use experts like our team at Breakthrough Communications to help support you with FOI Requests.

3. Who Makes the Request and Why They Make It, Doesn’t Matter at all

When dealing with FOIA requests, you must consider the request “blind”. The FOIA gives a general right of access to recorded information, regardless of who is asking or why they are asking.

This means you should not consider who is making the request, any previous interactions with them or what their motivations might be. You need to act impartially.

You cannot refuse a request just because you think the information might be used critically or shared publicly, that’s part of transparency.

Top Tip: Arguments against supplying information, such as "we should not be supplying that because they will do X with it" or "they shouldn't have that information because they are..." will be flawed arguments.

4. Subject Access Requests Don’t Have to Be in Writing

A Subject Access Request (SAR) under the UK GDPR allows an individual to access personal data held about them.  It is a right that can be made verbally or in writing.  Councils cannot insist that a request is made in writing, on a particular form, or through a specific channel.

Top Tip: Councils should train staff to recognise SARs in any format and ensure they are passed to the correct person promptly.

Getting the basics right really does make a difference. By keeping these basics in mind, your council can stay compliant, handle requests confidently, and build even more trust with your community.

Need support navigating complex information requests, give our experts a call on 01903 299000 or book a call here: CLICK HERE