Frequently asked questions

The Act gives everyone the right of access to all recorded information held by, or on behalf of, the Council, unless one of the exemptions to the Act apply.  The request must

• be in writing or another "recordable" format (e-mail is acceptable);
• provide a name,
• provide an address for correspondence and
• specify the information required.

The Freedom of Information Act 2000 (FOIA) came into force on 1st January 2005 and will change the way that Council's approach the handling and disclosure of all recorded information and transparency in public life by creating an unprecedented right of access to the information held by public authorities.

We are under a statutory duty to initially confirm or deny that we hold the information and then communicate the information within 20 working days of receipt of written request, unless one of the exemptions apply.

All information held by the Council is within the scope of the FOIA and must be disclosed on request unless the Council detirmines that an exemption applies.

For example, we would be under a duty to disclose information about a contract with an office cleaning company, unless that information was covered by an exemption.

It the Council receives a request that includes information held by a Supplier or Contractor on behalf of the Council, the Supplier or Contractor concerned shall have to comply with the Act and supply that information to the Council to enable us to commmunicate a response.

The Supplier/Contractor will be expected to supply that information in good time to ensure the Council does not breach the Act.

The confidentiality obligations in contracts will be subject to the Council's statutory obligations under FOIA.
There will have to be genuine commercial and/ or legal reasons as to why information should be treated as confidential.

Information provided in confidence will only be exempt if disclosure of that information would give rise to an actionable breach of confidence. 
This is a narrow and specific legal exemption, which applies in very limited circumstances defined by the courts through complex case law and you should therefore not assume this exemption shall apply just because information is confidential.

It is the Council's decision whether or not to disclose contractual information, The Council will, when possible, consult to take the views of Suppliers/ Contractors into account when making a decision under FOIA.

The Council strongly recommends that if a Supplier/ Contractor considers information would be exempt under FOIA, it identifies for the Council the exact nature and location of  this information in their tender.

The FOIA exempts certain types of information from the Rights of Access.

There are two types of exemptions:
Absolute Exemption, such as information that is reasonably obtainable elsewhere, (i.e. in a publication scheme, or on the internet), information provided in confidence and where release would amount to contempt of court.
Where information falls within the terms of Absolute Exemption the Council may refuse to disclose the information and in some circumstances, can also refuse to confirm or deny whether the information exists.

Qualified Exemptions, such as information intended for future publication, (i.e. there are plans to publish the information in the future, and it is reasonable, at the time of the request, not to disclose it immediately) and information relevant to criminal investigations and criminal/civil proceedings.

Qualified Exemptions will only apply in circumstances where the Council can prove that there would be a real and significant damage (prejudice) to the Council or to other people if the information were made public ("Public Interest Test").

Likely exemptions applying to information supplied or held by Suppliers/ Contractors include the Confidentiality exemption (see FAQ Confidentiality Clauses),  information constituting a trade secret, or cases where disclosure would prejudice the commercial interest of any person, including the Council.

Likely information for disclosure

• Standard contractual terms
• general procurement activities
• commercial activities
• nature of supplies
• services or works which are subject to contract
• appropriate parts of Invitation to Tender
• overall contract prices on particular supplies services or works
• performance standards in particular contract
• completion or administration of a particular contract.

All requests that are subject to one of the exemptions applying and where there is also no overriding public interest in releasing information are likely to be refused. For example:

• Trade secrets (secret formula or recipe, sensitive commercial interests which could prejudice either the Council, Suppliers/ Contractors)
• Unit prices of goods or information that could identify profit margins
• Personal privacy - disclosure of which would breach Data Protection Act 1998
• Information given in confidence and disclosing would constitute an actionable breach of confidence, (technical business information)

It is important to note that, public interest does not mean what is of interest to the public but rather, what is in the interest of the public, which will evolve with time and changing circumstances.

The Council will consider whether, in all the circumstances of the case, the public interest in witholding the information is outweighed by the public interest in disclosing the exemption.

If the two are evenly balanced, the presumption will be in favour of disclosure.

Suppliers and Contractors should not deal with FOIA requests themselves, even if it relates to information it holds on behalf of the Council.

The Supplier or Contractor should contact their Council contact straight away. 

The Act is fully retrospective, which means it covers all information already held in a recordable format, irrespective of how old it is.
It therefore covers information contained in;

• hard copy (letters, paper files)
• electronic files (including e-mails)
• video and audio formats (including CCTV),

as well as any information created after January 2005, subject to certain exemptions.