Freedom of Information
Public Information
1. Introduction
2. What information can be requested?
3. How do I make a request
for information?
4. When will I receive the information?
5. Will there be a charge?
6. Can I appeal against the decision?
7. Where do I send my request for information? 1. Introduction
The Freedom of Information Act 2000 gives a general right of access
to all types of recorded information, although certain exemptions have
been provided, held by public authorities.
One of the responsibilities under the Act is to produce and maintain
a publication scheme, which is designed to allow easy access to information
not routinely available from other sources. The publication scheme
must set out the types of information the authority publishes, the
format(s) in which it is available and details of any charges incurred.
Click here to
view Derry
City Council’s Publication Scheme.
All public authorities will be required to deal with individual requests
from 1st January 2005 when the general right of access to information
held by public authorities comes into force. Anyone will be able to
make a request for information, although the request must be made in
writing.
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2. What information can be requested?
You can make a request to see or to have copies of any records, which
are held by Derry City Council. However some records may not be available
if they are covered by an exemption.
There are two categories of exempt information under the Act: non-absolute
exemptions and absolute exemptions. Where we are claiming an exemption
under the Act, we must inform you of the specific exemption which we
are claiming and why it applies, within 20 working days.
If the information requested is covered by an absolute exemption,
we do not have to consider disclosing it in the public interest, nor
do we have to state whether or not we hold the information in question.
If the information requested is covered by a non-absolute exemption,
we have to consider the public interest in disclosing information.
Derry City Council may disclose information, even where an exemption
applies, if the public interest in disclosure outweighs the public
interest in maintaining the exemption.
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3. How do I make a request for information?
Your request must be in writing, including emails, giving details
of your contact information, address and a detailed description of
the information that you are requesting. In order to assist you, Derry
City Council has included an access request form which can be downloaded
here.
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4. When will I receive the information?
We will respond to requests promptly and in any event, within 20 working
days. If a charge applies or if additional information is required
to deal with the request, this may lengthen the response time. In cases
where information is covered by an exemption, but we are required to
consider the public interest in releasing it, we will endeavour to
provide the information, wherever possible, within the 20 working day
target. However, if consideration of the public interest test is likely
to cause delay, the applicant will be informed by the earliest opportunity.
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5. Will there be a charge?
Derry City Council believes strongly in openness so we will attempt
to keep the cost of information as low as possible. There is no charge
for making a request the charge will only apply before you are granted
access to the records (if applicable). However, where it is necessary
to charge for information, this will be made in accordance with the
published schedule of fees which is available on the website through
the publication scheme. You will be informed of any charges when you
make your request.
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6. Can I appeal against the decision?
You have rights of review and appeal against our decisions or if you
are generally dissatisfied with the way your request has been handled.
These rights consist of two review processes.
Firstly, by using our internal complaints procedure, which is available
by contacting the:
Town Clerk and Chief Executive,
98 Strand Road,
Derry.
BT48 7NN
and
Secondly, by appealing direct to the Office of the Information Commissioner:
Information Commissioner
Wycliffe House,
Water Lane,
Wilmslow,
CHESHIRE,
SK9 5AF
Note: The Commissioner expects that the internal complaints procedure
is completed before an appeal is made.
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7. Where do I send my request for information?
The contact details for submitting your request in writing to Derry
City Council is:
Town Clerk and Chief Executive,
Derry City Council
98 Strand Road,
Derry. BT48 7NN.
Or email : foi@derrycity.gov.uk
Download Information Request Form here
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