FOIA Section 12 Exemption: Difference between revisions
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{{Quote box | {{Quote box | ||
| quote = | | quote = Section 12 of the Freedom of Information Act allows public authorities to refuse to answer requests for information if the cost of complying would exceed the 'appropriate limit' prescribed in the Fees Regulations (SI 2004/3244). | ||
| width = 80% | | width = 80% | ||
| align = center | | align = center | ||
| halign = left | source = [http://www. | | halign = left | source = [http://www.justice.gov.uk/guidance/foi-procedural-fees.htm MoJ Guidance]. | ||
}} | }} | ||
== Appropriate limits == | == Appropriate limits == | ||
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* Other departments: £450 | * Other departments: £450 | ||
* These are equivalent to 24 hours effort and 18 hours effort respectively, based on £25/hour. | |||
* The list of Central Government deparments is listed in [http://www.opsi.gov.uk/acts/acts2000/plain/ukpga_20000036_en#sch1-pt1 Schedule 1 Part 1 of the FOI Act] | * The list of Central Government deparments is listed in [http://www.opsi.gov.uk/acts/acts2000/plain/ukpga_20000036_en#sch1-pt1 Schedule 1 Part 1 of the FOI Act] | ||
| Line 20: | Line 20: | ||
* aggregation of similar requests you've made | * aggregation of similar requests you've made | ||
* DCA guidance: http://www.dca.gov.uk/foi/practitioner/feesguidance.htm | * DCA guidance: http://www.dca.gov.uk/foi/practitioner/feesguidance.htm | ||
The Regulations only allow some costs to be counted. Specifically, the costs it incurs in: | |||
:(a) determining whether it holds the information, | |||
:(b) locating the information, or a document which may contain the information, | |||
:(c) retrieving the information, or a document which may contain the information, and | |||
:(d) extracting the information from a document containing it. | |||
and if those costs are attributable to the time people spend on those activities, they must be charged at £25/hr (whatever the staff time actually costs). | |||
The costs of removing information that was requested but is exempt under FOIA do ''not'' fall within the scope of the Fees Regulations. This was confirmed explicitly by the Information Tribunal in ''The Chief Constable of South Yorkshire Police v IC [http://www.informationtribunal.gov.uk/DBFiles/Decision/i359/S_Yorkshire_Police_v_IC_(EA-2009-0029)_Decision_14-12-09_(w).pdf EA/2009/0029]''. | |||
== Requirement to provide advice and assistance == | == Requirement to provide advice and assistance == | ||
* ICO: http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_23_-_advice_and_assistance.pdf | * ICO: http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_23_-_advice_and_assistance.pdf | ||
* Code of Practice: http://www. | * Code of Practice: http://www.justice.gov.uk/guidance/foi-guidance-codes-practice.htm | ||
== Charging fees == | == Charging fees == | ||
* Code of Practice: http://www.dca.gov.uk/foi/reference/imprep/codepafunc.htm | * Code of Practice: http://www.dca.gov.uk/foi/reference/imprep/codepafunc.htm | ||
== ICO Lines To Take == | |||
{{LTTInfoBox|exemption=FOI 12}} | |||
== ICO Decision Notices == | |||
{{DNExemptionInfoBox|exemption=FOI 12}} | |||
{{FOIA2000}} | {{FOIA2000}} | ||
Latest revision as of 16:40, 28 September 2010
Exemption where cost of compliance exceeds appropriate limit
| Section 12 of the Freedom of Information Act allows public authorities to refuse to answer requests for information if the cost of complying would exceed the 'appropriate limit' prescribed in the Fees Regulations (SI 2004/3244). | |
| MoJ Guidance. | |
Appropriate limits
- Central government departments: £600
- Other departments: £450
- These are equivalent to 24 hours effort and 18 hours effort respectively, based on £25/hour.
- The list of Central Government deparments is listed in Schedule 1 Part 1 of the FOI Act
Rules on calculating costs
- aggregation of similar requests you've made
- DCA guidance: http://www.dca.gov.uk/foi/practitioner/feesguidance.htm
The Regulations only allow some costs to be counted. Specifically, the costs it incurs in:
- (a) determining whether it holds the information,
- (b) locating the information, or a document which may contain the information,
- (c) retrieving the information, or a document which may contain the information, and
- (d) extracting the information from a document containing it.
and if those costs are attributable to the time people spend on those activities, they must be charged at £25/hr (whatever the staff time actually costs).
The costs of removing information that was requested but is exempt under FOIA do not fall within the scope of the Fees Regulations. This was confirmed explicitly by the Information Tribunal in The Chief Constable of South Yorkshire Police v IC EA/2009/0029.
Requirement to provide advice and assistance
- ICO: http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_23_-_advice_and_assistance.pdf
- Code of Practice: http://www.justice.gov.uk/guidance/foi-guidance-codes-practice.htm
Charging fees
- Code of Practice: http://www.dca.gov.uk/foi/reference/imprep/codepafunc.htm
ICO Lines To Take
| Relevant Lines to Take |
|
ICO Decision Notices
| Complaints upheld / partly upheld (P) | Complaints not upheld |
|
|
Includes DNs up to: 26 April 2010
| Exemptions |
| 12 21 22 22A 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 |
