Processing your FOI Request The request is an

Processing your FOI Request The request is an FOI request if • You have received the request in writing • The requester has provided contact details • It asks for information held by SPCB Is the request an FOI Request ? No NB: If request asks for environmental information • Process in line with the requirements of Environmental Information Regulations (EIR) • Contact Claire • Process outwith FOI Process Check MSPs & Third parties Yes • Within 3 days: Inform the Does the request require clarification? Has the information already been published? No Yes • • No • Within 10 days: Use the FOI Clarification template letter to ask for further information. Contact the request directly unless request is from media Provide Claire with copy of the clarification letter When you receive clarification, forward to Claire and draft the reply within 10 days with a completed FOI Response Details form • • Yes Is the information held? Yes • Within 3 days: Use the FOI • No Can the information be provided within cost threshold (40 hours / £ 600) • • MSP(s) using the relevant FOI template letter Yes • Within 10 days: Prepare reply using the FOI template letter • On day 10 (or earlier): Contact No • Use the FOI Response letter to response letter to prepare a reply. Prepare a Section 25 refusal notice using the relevant template Include a link to the published information in your reply. Send the reply to Claire so she can add details to the FOI database Complete an FOI Response Details form and send to Claire Does the requested information involve an MSP? • • Consider what can be disclosed prepare a reply within 10 days confirming that information is not held Prepare a “notice that information is not held using the relevant FOI template Once completed, send the reply letter to Claire together with the completed FOI Response Details form within the cost threshold Consider the reasons for the excessive costs Contact Claire for advice • • . Does the requested information involve a Committee? . Does the requested information involve third parties? Check Sensitivities and Exemptions Yes • Within 2 days: Inform the relevant Yes • Identify the information covered Committee clerk of the request by the request • If third parties are identified in • • Within 10 days: Identify Does the request have sensitivities ? No • Yes • Flag the request to your FOI Decision Taker • • • Within 5 days of receipt: Identify the information covered by the request and contact Claire will arrange involvement of relevant stakeholders and identify next steps Within 10 days of receipt: Prepare draft response On completion of request: send reply and accompanying information to Claire together with a complete FOI Response Details form • information covered by request and draft reply using appropriate FOI template letter Consider presentational requirements and consistency of approach in-line with previous requests and replies Send reply letter and accompanying information to Claire along with completed FOI Response Details form No MSP using relevant FOI template letter to provide early sight of proposed reply and identifying date when information will be disclosed Send to Claire the response letter, the accompanying information and a completed FOI Response Details Form Is some of the information subject to an FOI exemption? • • Yes • Flag the request to your FOI Decision Taker • Within 3 days: Identify the information covered by the request and contact Claire • Claire will work with you to consider the application of the exemptions and provide guidance on the response • Claire will involve other stakeholders when appropriate • If you are preparing the reply…. • Use the appropriate FOI response template together with a • the request you must make a judgement about the nature of the information held If you think the data is covered by the requirements of the Data Protection act you should check with Claire within 3 days of receiving request. If the third party information is personal data follow the instructions for replying to an FOI request covered by an FOI exemption. If the information is not personal data but you judge that the third party should be advised of the request, prepare a response to the FOI request within 10 days of receipt and provide it to third parties no later than day 10. By day 15: Provide response to Claire together with accompanying information and complete FOI Response Details form template refusal notice • The refusal notice will identify the FOI exception and the reasons it is being applied – Claire will help you with this • Redact the information not being disclosed by “whitening” it out and consider any presentational issues. • Before day 11: Agree the response with your FOI Decision Taker and provide Claire with the response, a completed refusal notice, the redacted data and completed FOI Response Details form. In all cases: If you are unsure of next steps contact Claire within 3 days of receiving request