FOI Information Managers’ Course Session 1 Freedom of Information Unit & Civil Service College of...
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Transcript of FOI Information Managers’ Course Session 1 Freedom of Information Unit & Civil Service College of...
FOI Information FOI Information Managers’ CourseManagers’ Course
Session 1Session 1
Freedom of Information Unit&
Civil Service College of the Cayman Islands
Session 1Session 1This session provides a brief overview of the access provisions of the FOI Law.
• Philosophy, background and international aspects• An overview of the Freedom of Information Law, its scope, structure and core provisions.• Processing Requests • How to identify requests and respond to requests• Dealing with the deadlines • Handling requests which may be vexatious or involve a lot of resources • Charging fees
Philosophy behind the LawPhilosophy behind the Law
Philosophy - Freedom of Philosophy - Freedom of InformationInformation
There are democratic principles underlying the FOI Law.
These principles should influence an IM’s approach in making decisions on providing access to government information.
Philosophy - Freedom of Philosophy - Freedom of InformationInformation
FOI is essential for modern government.
A more open government a more accountable government.
More informed citizensgreater public participation in policy making.
People understand how government
decisions are made greater trust in Government
Philosophy - Freedom of Philosophy - Freedom of InformationInformation
The public has the right – to see and hear what is going on in the
government, legislature, courts.– to have access to information that the
government holds – including their own personal information.
The media has a right to information.
SECRETPUBLIC
SERVICE
What do people have a right What do people have a right to?to?
Information about:– events that took place that may reveal
corruption – information about a past government – historical information that shaped a nation – information relevant to their social,political
and human rights housing clean environment health care fair working conditions etc
Case StudiesCase Studies
“ Inequality of access to information is a form of poverty”
Amartya Sen, Noble Peace Prize Economist
Thai School Nuclear Accident reports Food safety
Thailand: School Admissions
Documents released under the Official Information Act revealed that students with below-standard scores were admitted.
The school admitted that certain students were admitted because their families were well-connected or made generous donations. This process was later deemed unconstitutional.
A girl was refused entrance to a prestigious government school. Her mother requested the test scores of successful applicants.
UK: Nuclear Reactor Accident Records
After a reactor accident at Torness in 2002, the Nuclear Installations Inspectorate (NII) criticised managers at the plant for “ignorance,” failing to give safety a high priority, and providing “inaccurate or inconsistent” reports to NII.The accident shut down one reactor for six months, and cost British Energy 25 million pounds. Until the report was released under FOI, the public had been told only of minor “vibration problems.”
Canada: Food Safety
Of samples analysed by the British Columbia Centre for Disease Control in 2002, 80% of raw food and 30% of cooked food exceeded bacterial health guidelinesDetails were provided to a reporter from the Vancouver Sun as a result of an FOI request
Objects of the Law (s.4)Objects of the Law (s.4)“The objects of this Law are to
reinforce and give further effect to certain fundamental principles underlying the system of constitutional democracy,(a) governmental accountability;(b) transparency; and(c) public participation in national decision-making,by granting to the public a general right of access to records held by public authorities”
FOI requires a cultural FOI requires a cultural changechange
Information Managers must keep in mind the objects of the Law when responding to FOI requests.
Developing a culture of openness can be difficult. Officials must learn to change their mindset to recognise that :-– the information that they hold is owned by
the public; and – citizens have a right to obtain information.
Secrecy OpennessCulture Change
International ContextInternational Context
International ContextInternational Context
Freedom of Information has been recognised for nearly 250 years.
In 1789, the French Declaration of Rights of Man called for the right of citizens to review expenditures of the government.
“Society has the right to require of every public agent an account of his administration”
FOI Laws Internationally
1766: Sweden 1951: Finland 1966: USA 1970: Denmark 1978: France 1980:
Netherlands
1982: Canada, New Zealand, Australia,
1998: Ireland 2002: Poland 2005: United
Kingdom 2006: Germany
International ContextInternational Context More than 75 countries now have guaranteed
their citizens the right to know. In some countries the laws are dormant and
in others are actively used. Caribbean:
– Cayman Islands 2007– Antigua & Barbuda 2004 – Jamaica 2002 – Trinidad & Tobago 1999 – Belize 1994
International ContextInternational Context
Common features of most laws are:1. Right to Information/Documents/Records
(a Human Right)
UN General Assembly Resolution 59(1):“Freedom of information is a fundamental human right and … the touchstone of all the freedoms to which the United Nations is consecrated.”
International ContextInternational Context2. The right of access is subject to a
limited number of exemptions - access is refused if disclosure would cause a specified harm
3. “Public interest tests” where the public interests in withholding of information must be balanced against disclosure in the public interest.
International ContextInternational Context4. A right of appeal to an impartial
arbiter who – decides whether the exemption applies to
particular information, – has the power to rule that the information
must be disclosed.
5. A duty on government agencies to routinely release certain categories of information (Publication Schemes)
International Context - UKInternational Context - UKFreedom of Information Act began in
England on January 1, 2005. 4,000 requests were received in 1
month.
Agencies receiving the most requests:-the National Archivesthe Ministry of Defence Foreign and Commonwealth Office
International Context - JamaicaInternational Context - Jamaica
Agencies receiving the most requests:– the Ministry of Finance, the Child Development
Agency and Environmental Agency. Requests include:-
– Cost of the stay of President Aristide– The number of cases concerning persons being
beaten by police officers while in custody – The contract for the renovations of the Governor of
the Bank of Jamaica’s house– The ratio of nurses to doctors at a hospital in
Montego Bay– The basis for the grant of a duty concession to a
popular entertainer
Origins and Background to Origins and Background to the Cayman Islands the Cayman Islands
Freedom of Information LawFreedom of Information Law
Origins and Background to Origins and Background to the Freedom of the Freedom of Information LawInformation Law
The common law gave a discretionary right to Government to decide what documents or information should be released, regarded as a type of proprietary right.
A proposal to adopt a Freedom of Information (FOI) Law was first tabled as a private members’ motion in the Legislative Assembly by Mr. Roy Bodden & Mr. D. Kurt Tibbetts on the 26th of June 1998. (No. 12 Hansard 1998 Session)
Origins and Background to the Origins and Background to the LawLaw
The Law was proposed as a mechanism to promote good governance reforms with the need to show high levels of transparency and accountability in Government.
Open Government Committee
VISION 2008 “Open Government” Committee Meeting held in 1998 – Civil Society recommendations received on Bill
Origins and BackgroundOrigins and Background
A Freedom of Information Bill was prepared by the Attorney-General’s Chambers and presented to the Legislative Assembly in late 2005.
The Bill was a result of research on – New Zealand Official Information Act 1982,– Jamaican Access to Information Act 2002, – UK Freedom of Information Act 2000, and – Florida “Government-in-the-Sunshine” law.
Background of FOI LawBackground of FOI Law
Comments were received from numerous civil society groups in Cayman.
The FOI Law– Was passed into law by the LA on August 31st 2007– Was assented to by the Governor on October 19th
2007– Was brought into effect on 5th January 2009
FOI Regulations were passed in 2008
Scope & Structure of the LawScope & Structure of the Law
The Law – Structure The Law – Structure Establishes statutory right to
information Sets out exceptions to that right Provides for the release of exempt
information in the public interest Exemptions vs. Exclusions Includes right of appeal for decision
to refuse access Establishes the office of the
Information Commissioner
The Law – Structure The Law – Structure Came into effect for all public authorities
in January 2009 Requires public authorities to produce
publication schemes Requires designation of Information
Managers Does not amend or override pre-existing
legislation FOI Unit and Legal Committee of the
FOISC is reviewing other laws which restrict access
The Law -Structure The Law -Structure Protection of Whistleblowers (s.50)
– against legal, administrative or employment related sanctions
– where release of information on wrong doing or that discloses a serious threat to health, safety or the environment
– as long as done in good faith
Requires public authorities to make “best efforts” to ensure decisions and the reasons for those decisions are made public. (s.27)
Scope- Who does the law apply Scope- Who does the law apply to?to?
The Law is applicable to “public authorities”
“Public Authority” is defined as:– government ministries– portfolios – departments – statutory bodies or authorities, whether
or not incorporated – government companies in which the
government owns a majority share
A list has been created of 88 public authorities, which CINA updates, maintains and publishes
Scope - Who does the law apply Scope - Who does the law apply to ?to ?
The Law may be extended by Order to:-– government companies with a minority share– any body or organisation that carries out
services important to the welfare of the Caymanian Society
– organisations that receive government appropriations on a regular basis
The process for preparation of extension of the law will not begin until 2010
The Law will be reviewed 18 months after being brought into operation
Scope - What does the law Scope - What does the law not apply to?not apply to?
Records that may not be disclosed under s.50 of the Monetary Authority Law
Records relating to directors, officers and shareholders of companies exempted under the Company Law
Judicial functions of a court or holder of a judicial office (but administrative records fall within the law)
Scope - What does the law Scope - What does the law not apply to?not apply to?
Records relating to the strategic or intelligence gathering information of the police, special constabulary and customs
Records that are the property of the Government of the UK
Private holdings of the National Archive where there is a contract or other arrangement that restricts access under the FOI Law
Scope of the LawScope of the Law
Applies to all records created by Government regardless of date of creation (s.3)
Disclosure under the FOI Law is disclosure to the general public, except where a person requests their own personal information.
Any person can make a request - it is not limited to persons living in Cayman. A person includes a legal person, e.g a company
Information already Information already availableavailable
S.6 (4) Where a record is-– (a) open to access by the public
pursuant to any other enactment as part of a public register or otherwise; or
– (b) available for purchase by the public in accordance with administrative procedures established for that purpose,
access to that record shall be obtained in accordance with the provisions of that enactment or those procedures.
Awareness of LegislationAwareness of Legislation
Each IM needs to be aware of the legislation that governs the work of his/her public authority
This is especially important where legislation includes either provisions on the non-disclosure of records or provisions that include alternative forms of access.
The IM needs to reconcile different policies and procedures for access within their authority.
Advice can be sought from the FOI Unit.
FOI as a Safety Net
FOI
Request for information
Publication Schemes (hard copy or available on
line)Policies, rules and
practices
Respond by phone, letter
Brochures, publications(free or for sale)
Access schemes under other legislation
Public registers
Information Already Information Already AvailableAvailable
The existing systems for access to particular kinds of information will take priority even if not as convenient or cost effective for the applicant.
Where a public authority refuses based on this provision, it must – inform the applicant of the specific
location of the documentation and – provide a description of the records or
information in question.
Information Already AvailableInformation Already Available
This ground of refusal is intended to maintain existing publicly available sources of information
It is not intended to be used in order to avoid obligations under the Law.
Information must be published or available generally to members of the public or be for sale.
ExamplesExamples
Information publicly available includes:– Land Titles – Company registration details– Annual reports– Development Plans– Published Statistics– Birth Certificates
Workbook: Case 1:
Canadian National Railway Company v. Attorney General of Canada
[2002] F.C.J. No. 1283 (QL) (F.C.T.D.)
Scope – “information held”Scope – “information held”
A record is defined broadly to mean information “held” in any form (s.2), i.e. in the possession, custody or control of an authority
This is to be assessed at the time the request is received
The focus is on "possession, custody or control" and not ownership.
Scope – “possession, Scope – “possession, custody or control”custody or control”
A document may be in the possession or physical
custody of an agency if:
it is in the actual possession of the agency; or
it is in the “control" of the authority, that is, the agency has a right to immediate possession or
a right and power to deal with the document, by restraint or direction.
Scope – “possession, Scope – “possession, custody or control”custody or control”
Control will depend on the facts in each case. It can be in a contract between a third party and the public authority e.g any documents generated by a consultant are the property of Government
This test relates to whether or not the record is one which falls within the scope of an agency’s decision-making process.
Right to Documents, Right to Documents, Dealing with Requests, Dealing with Requests,
Timelines, Timelines, Charging feesCharging fees
Dealing with requests: Dealing with requests: What do you need to What do you need to
know?know?
How to recognise a request for information The extent of your duty to provide advice
and assistance The forms of access that can be granted What the procedure is for dealing with
requests Who is responsible for this What is information provided in the normal
course of business
A A RightRight to Records to Records
s.6 Every person shall have a right to obtain access to records other than an exempt record
A record that was previously exempt will no longer be exempt 20 years after its creation (longer periods apply in certain cases)
An applicant should not be asked to give a reason for his/her request
What are records?What are records?
““Record” includes Record” includes “information held in any form”“information held in any form”
Papers (handwritten or typed, loose or filed, draft or final), files, charts, notepads, post-it notes, diaries, maps, record cards, plans, drawings
Films, photographs, microfilm, microfiche X rays, CAT scans, MRI Audio and video tapes, CDs, DVDs Computer disks, hard drives, tapes, email
Requests for Requests for InformationInformation
The only requirements are that requests must:
– include a name– be in writing (cannot be made verbally)– give a return address (e-mail or postal)– describe the information that is requested– include the form of access preferred
Applicants do not need to:– give a real name (unless their own personal
information is being requested)– refer to the FOI Law– give reasons for the request– use the gazetted application form– specify exact file numbers requested
No need to create recordNo need to create record
FOI does not require the creation of a document although it may require the collation of information.
Collation is defined as to gather or arrange in their proper sequence:– the pages of a report– the sheets of a book– the pages of several sets of copies– the copying of separate pieces of information
onto a CD which would in effect create a new record.
““Reasonably necessary” to identify the Reasonably necessary” to identify the recordrecord
A request must give enough information as is reasonably necessary to enable the IM to identify the record
Precise identification or actual file or document numbers are not needed
If an application is ambiguous, uncertain, or unclear, it does not comply with the FOI Law s.7(2)(b) and is not a valid request.
Clarification of unclear requests as soon as practicable is important.
Provision of AssistanceProvision of Assistance
When does an IM have to provide assistance ? Upon request by the applicant s. 7(3)(a) Where the information provided by the
applicant does not enable identification of the record
What amounts to providing assistance as required by the law? Explain the key provisions of the Law Help the applicant to describe more clearly
what information they require
Provision of AssistanceProvision of AssistanceIndicate the documents the agency
holds that may be relevant to the subject: e.g catalogues and indexes, lists of file titles
Engage in helpful dialogue to try to understand what is being sought by an applicant
Assist them to be precise, as irrelevant matter cannot be deleted
Consultation by: telephone, oral discussions or email, letter, fax. If verbal, document the outcome.
How should I interpret a request?How should I interpret a request?
An IM must • read the request carefully• not analyse it as though it were a
legal document• use the common (dictionary)
meaning of terms unless it is clear they have a technical meaning
• seek advice from relevant technical experts
Initial ChecksInitial ChecksIs the information already available?Is the request complete? Does the request need to be
expedited?Does this authority hold the records?Is this a vexatious or repeat request?Would complying unreasonably
divert resources?(See flowchart for detailed questions)
What is a complete What is a complete request?request?
In writingName and full postal or email addressSufficient description of information
being soughtStates preferred form of accessIncludes ID (for personal requests)(May include request for expediting)If not complete, help the applicant…
Confidentiality of Applicant’s Confidentiality of Applicant’s InformationInformation
An Information Manager is required to keep information about the applicant confidential
The identity of the applicant should in general have no impact on how the request is responded to
FOI Deadlines (summary)
• Acknowledge in 10 days• Transfer within 14 days• Decide in 30 calendar days• + extension: up to 30 calendar days if
• shortage of staff• records difficult to locate, or voluminous• third parties consulted• seek legal advice
Start counting from the day after valid request receivedNB: Clock stops when need to clarify.
Time limitsTime limitsThe Law obliges you to respond :-as soon as practicable; and in any event not later than 30
calendar days maximum after the date on which the request was received
“received” = delivered to anyone in your authority including by fax or e-mail
“calendar days” = include all weekends, holidays Start counting on the day after it is received = Day 1
Timelines for FOI RequestsTimelines for FOI Requests
Initial steps: – date stamp the request– open a registered file– add the request to the tracking system (JADE)– note upcoming deadlines– send to the Information Manager (within 2 days)
Acknowledge request by day 10 Transfer to another authority by day 14 Begin third party consultation by day 14 Decide on release by day 30 (unless extension) Record major steps in the IT tracking system
AcknowledgementAcknowledgement A public authority must acknowledge receipt
of a request in writing within 10 calendar days
– first ensure that it is a valid request, and that it is clear what the applicant is seeking
The acknowledgement letter should refer to the date on which the valid request was received
– so that both the applicant and your agency are clear on the time limit to notify a decision
TransfersTransfers
An application can be transferred when:-
The record is held by another public authority OR
The subject matter is more closely connected with the functions of another public authority
The other public body agrees to the transfer
TransfersTransfers If you decide to transfer the request to
another public authority you must get confirmation from the other body that it holds the information
The transfer must take then place as soon as is practicable but no later than 14 calendar days.
The transfer must be noted on your tracking log.
Advise applicant within 10 calendar days that their request has been transferred.
TransfersTransfers
When transferring a request the Information Manager should:-– Forward a copy of the request to the IM of
the other public authority– Advise the date of receipt of the request– Advise the applicant of the transfer– For a partial transfer, advise of the part of
the request retained
TransfersTransfers The FOI Law does not provide a procedure
for resolution of disputes between public authorities as to transfers.
If an authority will not accept a transfer, the legal responsibility stays with the agency to whom the request was made. This decision should be communicated to the applicant.
NB:- Where a document may be a Cabinet document it is essential to consult the FOI Cabinet Information Manager on this request.
TimelinesTimelines
If a transfer is made to another public authority, the public authority receiving the transferred application must make a determination within 30 calendar days of receiving the transfer.
Information Managers may use the IM Network to assist in working out which public authority holds information
Tracking TimelinesTracking Timelines
Maximum total time to make decision:
if no transfer: 30 calendar days
if extension is requested: 60 calendar days
if transferred once/no extension: 14 + 30 = 44 calendar days
if transferred once / + extension: 14 + 30 + 30 = 74 calendar days
Vexatious requests and Vexatious requests and substantially similar requestssubstantially similar requests
This section has been included because some individuals may try to abuse FOI rights
A public authority does not have to comply with a request – if it is vexatious (s.9(a))– if it has recently complied with a substantially
similar request from the same person (s.9(b))
Vexatious RequestsVexatious Requests “Vexatious”: Not defined in FOI Law Dictionary definition :-
– causing vexation; troublesome; annoying Irritation or nuisance caused by the
applicant is not sufficient Vexatious: where it has the effect of
harassing the public authority or is obsessive
Context and history are important e.g. language, the volume of correspondence, re-opening of closed issues etc
This ground of refusal should be used sparingly
Diversion of ResourcesDiversion of Resources A balance must be struck between providing
access to information and the resources which must be employed to provide access.
It must be recognised that processing FOI requests is a legal obligation for each public authority and not an “add on”
This basis for refusal is only allowed where it is an unreasonable diversion of resources
Diversion of ResourcesDiversion of Resources Whether a request is an unreasonable
diversion of resources depends on the facts of each case and cannot be arbitrarily determined.
The FOI Regulations require the IM to send a notice to an applicant inviting them to consult to narrow the request before this decision.
This “stops the clock,” i.e. suspends the
30 calendar day period until the request is sufficiently narrowed.
How do I determine whether processing a How do I determine whether processing a request would be an unreasonable request would be an unreasonable
diversion of resources?diversion of resources?
There are two steps involved:
1. The IM needs to estimate the resources required
by your agency to process the request.
2. The IM needs to estimate the effect thatprocessing the request would have on those resources, i.e., would there be an "unreasonable“diversion of the resources from the agency's
otheroperations?
What Resources?What Resources?The resources are those which wouldhave to be used in: identifying, locating or collating the
documents within the agency's filing systems
examining documents deciding whether to grant, refuse or defer
access consulting with any person or body making copies, including
editing copies notifying the applicant
When would processing the request When would processing the request be an "unreasonable" diversion of be an "unreasonable" diversion of
resources?resources?Factors to consider include:
– the nature and size of the agency; – the number, type and volume of
documents falling within the request (this can be estimated by representative sampling);
– the skills required to do the work– the time required to process the requestThis requires the balancing of relevant considerations and is a management
decision
To estimate work To estimate work involved:involved:
How many records need to be searched? Will this require overtime or movement of
staff from other tasks? How complex is the subject–matter of the
records? Does it need expert input to assess?
How much consultation will be required? How much work will be involved in making
copies or edited copies of the documents? Will addressing the request affect the
capacity of the agency to carry out its other functions?
Diversion of ResourcesDiversion of Resources
The IM should: give a written notice of the determination state their intention to refuse access (NOT
that a decision has been made to do so) invite the applicant to consult with a view
to amending the request to remove the ground for refusal (this stops the clock until it is resolved)
assist the applicant with suggestions to reduce the work involved
What if the applicant does not What if the applicant does not sufficiently narrow the request?sufficiently narrow the request?
After a reasonable opportunity to consult hasbeen provided, you can refuse the request: if the applicant does not participate in
the narrowing process or does not sufficiently narrow the request
Grounds: that to process the request would unreasonably divert the resources of the
public authority (s.9(c))
Reasonable searchReasonable search
taking all reasonable steps to identify all relevant records in the possession of the agency, including in registries and individual filing cabinets and desks
keeping an audit trail of which officers were involved in the search, when and where they searched
This will assist if the applicant complains about the missing documents in an appeal
Record missing files within a file plan
An agency is obliged to conduct a thorough and diligent search for records
No Record ExistsNo Record Exists
Generally, where an authority claims that no records exist which are responsive to a request, the issue is:-
if the authority's search for the records was adequate or
was the document destroyed lawfully or
was the file lost some time ago and not hidden as a result of the request.
Destruction of a RecordDestruction of a Record
Public officials should not destroy any records without approval
Under the National Archives and Public Records Law records must only be destroyed subject to an authorised disposal schedule.
Destruction of a recordDestruction of a record
The National Archives and Public Records Law defines a record as: information in any form created, received or
maintained as evidence of a transaction or activity undertaken in the conduct of its business
Something which is not a record may include – Non work related information– duplicates and reference copies – Published information
Making the DecisionMaking the Decision
The Information Manager must:– Consider whether the records coming within the
scope of the request contain third party information.
– Determine if an extension is required– Check each page for exempt material– Consider any relevant public interest factors – Determine if redaction is required– Make a decision whether the request should be
granted, refused or deferred– Prepare a schedule of records
Once a tentative decision has been Once a tentative decision has been made…made…
Does any of the material proposed to be released concern third parties? If so, advise them and delay access until they have had a chance to object and/or appeal
If partial access is to be granted, make notes on records to be redacted (keep in request file)
Can optionally extend if more than 30 days is required to make the decision
Determine mode of access and associated costs
Prepare a decision letter and send it to the applicant
DecisionDecision Inform the applicant within 30 calendar
days of receipt of the application – whether or not the information will be
granted refused or deferred
– or the period extended – inform the applicant of reasons for this
and rights of appeal.
In Session 3 you will practice writing decision letters
The Giving of ReasonsThe Giving of Reasons
A well-written decision should: be easily readable; interest the reader; state the issues at the outset; resolve the issues with the
minimum of detail; and indicate the final decision
More content for a letter of More content for a letter of refusalrefusal
The Information Manager must write a letter advising the applicant of : – findings of any material issues relevant to the
decision – particulars of any matter taken into
consideration – particulars of rights of review and appeal, the
procedure governing the exercise of those rights and the time limits governing such exercise
The FOI Guidance Manual will assist in making the relevant decision
Deferral of AccessDeferral of AccessAccess to documents may be deferred where arecord was prepared:- for presentation to the Legislative Assembly; for the purpose of being available to a
particular person or body ; for publication of a record within a particular
period as required under an enactment ; if the premature release would be contrary to
the public interest until the occurrence of an event after which it would no longer contrary to the public interest
Deferral of AccessDeferral of Access
In those circumstances, the statement of reasons for the decision must indicate as far as practicable how long access will be deferred
This period must be communicated to the applicant within 14 calendar days of the decision
Forms of AccessForms of Access
Inspection Copy Hear sounds or view images Shorthand or sound and images – creation of a
transcript
Where an applicant requests that access be given ina particular form access should be given in that
form There are 2 exceptions to this rule
Form of Access - Form of Access - ExceptionsExceptions
Access may be given in an alternative form where the grant of access would:
Be detrimental to the preservation of the record
Constitute an infringement of intellectual property rights in the record
AuthenticationAuthenticationRecords should be authenticated
before release to the public, in accordance with requirements from the Attorney General– Authentication of documents is only done
at the request of the applicant– It is to be completed through use of a
standard ink stamp that states “certified a true copy of the original” with a place for the date and signature of the IM, and a stamp or seal for the public authority
Fees
• The FOI (General) Regulations outline the fees to be charged for:– reproduction– changing a record into an alternative format– delivery of the record to the applicant.
• Before preparing copies, send applicant a letter with estimate of the total fee.
• If no fees are paid within 30 days of the estimate, the request is to be considered withdrawn if there has been no request made for an extension of this period.
Fees• The reproduced record must be
prepared as soon as practicable but not later than 14 calendar days after the fee is received from the applicant.
• Fees may be waived by the Chief Officer or Principal Officer of a public authority in appropriate circumstances, e.g. financial hardship.
• The public authority must determine how to accept fees, e.g cash, cheque, credit card, etc.
Sample Fees (from Schedule)
The Schedule to the FOI Regulations sets out the fees to be charged to the applicant
The Information Manager may also charge for the cost of postage / courier / shipping
Forms and ResponsesForms and Responses
Information Managers are encouraged to use the forms provided in the FOI Guidance Manual and automatically produced by JADE when corresponding with applicants.
Additional information may be added to the forms depending on each particular case.