Freedom of Information

Policy Statement  

Overview  

  1. The Freedom of Information Act (FOIA) Act 2000 provides public access to information held by public bodies. 
  2. Under the Act, anyone can make a request in writing for recorded information held by or on behalf of Cwmni Egino.   
  3. Cwmni Egino must provide the information within 20 working days, unless one of the exemptions within the Act applies. In some circumstances an additional 20 working days may be permitted to consider the public interest test.  
  4. This policy sets out how Cwmni Egino will:   
  5. deal with FOIA requests   
  6. publish certain information about Cwmni Egino activities (publication scheme) 
  7. manage complaints about our handling of FOIA requests   
  8. The policy does not apply to requests for individuals’ own personal data under the UK GDPR and Data Protection Act 2018. 

 

Procedure and Guidance  

Responsibilities  

  1. The Data Protection Officer is responsible for managing and co-ordinating the response to FOIA requests and ensuring that requests are dealt with in accordance with the Act.   
  2. All employees are responsible for ensuring requests for information that fall under the scope of the Act are sent to Head of Operations as soon as they receive them.   
  3. The Data Protection Officer is responsible for co-ordinating the response to all complaints under the Act. 

 

Publication scheme  

  1. The Data Protection Officer manages FOIA requests in accordance with the Code of Practice issued under section 45 of the Act. 
  2. The dedicated routes for information requests are: 
  3. Email: info@cwmniegino.wales  
  • Post: Cwmni Egino Limited, Welsh Government, Doc Fictoria, Caernarfon, Gwynedd, Wales, LL55 1TH 

 

FOIA requests must:  

  • be in writing 
  • include the name of the requester  
  • include a valid address for correspondence (an email address is valid)  
  • describe the information requested  
  • be received in a legible form  
  • EIR requests can be submitted verbally 
  1. FOIA requests do not have to make any direct reference to the Act or be the sole or main theme of the requester’s correspondence. 
  2. The Data Protection Officer will usually acknowledge receipt of requests within two working days.  
  3. Cwmni Egino will respond to requests for information within 20 working days starting from the day following receipt of the request.  If the response is likely to take longer than this, for example, because Cwmni Egino needs to consider the public interest test, Cwmni Egino will advise the requester and keep them informed of progress.  
  4. If Cwmni Egino is unclear on any point in the request, the requester will be contacted to ask for clarification. If clarification is not provided within 20 working days, and Cwmni Egino is unable to progress the request, or part of the request as a consequence, we will assume that the request or part of the request is no longer required. 
  5. If Cwmni Egino does not hold the information requested but believes another public body may hold it, it will advise the applicant to contact the other public authority directly.  Alternatively, Cwmni Egino may transfer the request to that public authority and inform the applicant accordingly.  

 

Exemptions  

 

  1. The Act contains a number of exemptions that allow Cwmni Egino to withhold information from a requester in certain circumstances, for example, where: 
  2. Information about living individuals the processing of which is covered by the Data Protection Act.  
  3. Information that might jeopardize the health and safety of the workforce or the public.  
  4. Information that might prejudice the organisation’s commercial interests.  
  5. Information that would prejudice the prevention or detection of crime or the prosecution of offenders.  
  6. Information concerning legal proceedings or investigations being carried out by the organisation that might lead to criminal or civil proceedings.  
  7. Information held under obligation of confidentiality.  
  8. Information that is considered secret and its disclosure could present a risk to national security. 
  9. Information that is published elsewhere or that is intended for publication at a later date (e.g. draft versions of documents, information subject to amendment or approval by Cwmni Egino).  
  10. A number of the above exemptions are qualified in that they only apply where the public interest in maintaining the information outweighs the public interest in disclosing it.  Put another way, we are being asked to assess whether maintaining the secrecy of the information serves a greater public good than permitting that information to be broadcast.  In practice the public interest test involves considering the circumstances of each particular case and the exemption that covers the information but generally the balance will lie in favour of disclosure.  When it is in the greater good of public interest Cwmni Egino will release information 
  11. When information is withheld the requester will be told which exemptions have been applied and why.  

 

Consultation with third parties  

  • If disclosure of the requested information is likely to affect the interest of third parties, Cwmni Egino may contact those persons before determining whether or not an exemption applies.  

 

Charges  

  1. Cwmni Egino does not charge for complying with FoI requests. However, in line with the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, Cwmni Egino is not obliged to comply with a request if it is estimated that the cost of compliance would exceed £450 (the ‘appropriate limit’), which equates to 18 hours’ work at a statutory rate of £25 per hour. 
  2. Where a request is estimated to exceed the ‘appropriate limit’ Cwmni Egino will give the requester reasonable advice and assistance to change or narrow the request if this is possible.  

 

Internal Review Requests and Complaints  

  1. Cwmni Egino follows best practice and guidance provided by the FOIA Code of Practice and has a procedure in place for dealing with disputes about its handling of requests for information. These disputes will be dealt with as a request for an ‘internal review’.  
  2. In accordance with the FOIA, Applicants are informed in the original decision notice for their request for information about our internal review procedure.  
  3. The Applicant is also informed of their right to approach the Information Commissioners Office if unsatisfied with the outcome of their internal review request.  
  4. Much like the request for information procedure, the Applicant will be provided with acknowledgement correspondence and, following the conclusion of the internal review, a covering letter and decision notice (which will confirm whether the original decision has been upheld, upheld in part or not upheld).  
  5. A request for internal review needs to be made in writing. There is no prescribed format that needs to be followed however, it needs to be expressed that you are asking for such a review.  
  6. It is usual practice for a request for internal review to be accepted within 40 working days of the date of the original decision notice. Cwmni Egino will not accept such a request after this date.  
  7. The time period for compliance with a request for internal review is 20 working days for the date of a valid request.  
  8. If the ‘scope’ of the request for internal review needs to be clarified, the Applicant will be informed as soon as possible.  
  9. The request will be placed on hold until Cwmni Egino is in receipt of the necessary clarifications needed and the timeframe of 20 working days to comply will be stopped.  
  10. If no response is received within one calendar month from the date the request has been placed on hold it will be withdrawn.  
  11. The decision maker for the internal review will be a different person that, which undertook the original decision.  
  12. All requests for information are coordinated by the Data Protection Officer.  
  13. Complaints should be made in writing within 20 working days of Cwmni Egino’s response to an FoI request and sent to: 
  14. Cwmni Egino will acknowledge complaints within 5 working days.   
  15. Complaints will be reviewed by the Business Manager or a Non-Executive Director at the discretion of Cwmni Egino depending on the nature of the complaint. A response will be sent within 20 days. In exceptional circumstances this may be extended up to an additional 40 days. The complainant must be kept informed of any increase in time in responding to their complaint. We will always aim to respond to complaints within 20 days. 
  16. In all cases if the requester is not satisfied with the final decision they can appeal to the Information Commissioner’s Office at the following address:   

Information Commissioner’s Office  
Wycliffe House   
Water Lane 
Wilmslow 
SK9 5AF  
 
Telephone: 0303 123 1113  
Email: wales@ico.org.uk