Staffordshire Police

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Individual rights of access

Types of information

Individuals already have the right of access to personal information which is held on computer, and in some paper files, under the Data Protection Act 1998 (see the Data Protection section of this website for more information).  As far as public authorities are concerned, the Freedom of Information Act will extend this right to allow access to all types of information held, whether personal or not.

This right came into effect in January 2005.

The Act does, however, set out some exemptions to this right and it also places a number of obligations on public authorities about the way in which they provide information.  Subject to the exemptions, anyone making a request has the right to be told if the information exists and the right to receive the information.  A response must be provided as soon as possible and in any case within 20 working days.

There is also a duty on public authorities to provide advice or assistance to anyone seeking information (for example what information is readily available or to clarify what information is wanted).

Within Staffordshire Police, responsibility for the decision making process for Freedom of Information requests has been devolved to divisions, each of which have at least two 'local decision makers', who have been trained in how to interpret and apply the legislation.  The Information Assurance Team acts as a central point of contact offering advice and guidance to applicants and local decision makers.

If you wish to make a request for information under the Freedom of Information Act and know the division which holds, or may hold, the information you require, you may write to the relevant divisional commander. Alternatively, requests can be made to the Information Assurance Team, who will log your request and then forward it to the relevant division.

Once your request has been considered, you will be informed in writing of the outcome and provided with all information to which you are entitled i.e. information relevant to your request which is not covered by a valid exemption.

If you are dissatisfied in any way with the outcome of your request, you have the right to appeal the decision. In the first instance, you should address your appeal to the Information Assurance Team, including details of your initial request, who dealt with your request and why you wish to appeal.

During the appeal process, the initial decision will be reviewed by another decision maker, preferably senior to the original decision maker who has no prior knowledge of the original request.  It is important to be aware that the internal review stage is an opportunity to consider a case completely afresh.  Compliance with the legislation is an important component of the process but all relevant considerations should be revisited and appropriately documented.

Should you be dissatisfied with the outcome of the appeal, you will then have the right to appeal to the Information Commissioner.

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