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Freedom of Information Act
Freedom of Information (FOI) applies to all information held by public bodies. It also applies to specifically designated private companies that perform public functions but not to other private companies (see the Department for Constitutional Affairs website - this is an external hyperlink). However, all of the information that Fareham Borough Council holds about your company is covered by FOI, as is any information that you hold on Fareham Borough Council's behalf.
Q. If I give Fareham Borough Council information on my products or services, will this be subject to the Freedom of Information Act?
A. Yes, but that does not mean it will automatically be released if it is requested, as one of the exemptions may apply. We will seek your views before making a decision on disclosure of information that might affect your rights or interests.
Q. My company holds information on behalf of Fareham Borough Council. How am I affected?
A. If Fareham Borough Council gets a request for Information that includes information you hold on our behalf, we will ask you to provide it quickly so that we can comply with FOI.
Q. What if a request for information comes direct to my company?
A. You have no obligations to respond to such a request since FOI does not apply to your organisation. If the request relates to information that you hold on behalf of Fareham Borough Council, you should not in any case disclose it without our explicit agreement.
To be helpful to the requester, if the information requested relates to Fareham Borough Council, you should advise that the request should be submitted to Fareham Borough Council.
Q. Are there any exemptions that allow Fareham Borough Council to refuse to supply information?
A. Freedom of Information Act provides two types of exemption:
Absolute Exemptions and Qualified Exemptions
- Where information is covered by an Absolute Exemption, Fareham Borough Council may refuse to release the information and, in some circumstances, can refuse to confirm or deny whether we hold the information.
- Where Qualified Exemptions apply, Fareham Borough Council has to undertake a public notice interest test to decide whether it is in the public interest to disclose or withhold it.
Q. Could information I supply to Fareham Borough Council be protected by having a confidentiality clause in contracts or by providing the information in confidence?
A. Confidentiality clauses are discouraged under the Freedom of Information Act unless there are any genuine commercial and/or legal reasons why the information should be treated as confidential.
Information provided in confidence is only exempt if its disclosure would give rise to an actionable breach of confidence. This is a narrow legal exemption, which applies in limited circumstances and you should not assume that this exemption will apply just because you think information is confidential.
If you consider the information that you provide to Fareham Borough Council is confidential, you should identify the information and provide reasons why you consider the information to be confidential under the Freedom of Information Act.
Q. What will Fareham Borough Council do if it receives a request for information that might affect my company?
A. When considering requests, Fareham Borough Council will consult you about information that may affect your rights or interests, unless we are already certain that we must or must not disclose it. This consultation will help us to decide if an exemption applies and what the considerations are in applying a public interest test about information disclosure.
However, the law makes Fareham Borough Council alone, responsible for making the final decision regarding disclosure.
Q. What happens to tender information after a contract is awarded?
A. Information that was commercially sensitive during the tendering process may no longer be sensitive once contracts have been signed, therefore Fareham Borough Council will consult with you to determine its disclosure as in the previous answer.
Further guidance can be obtained from:
- Department for Constitutional Affairs Website (this is an external hyperlink)
- Information Commissioner Website (this is an external hyperlink)
Frequently Asked Questions
What is the purpose of the Freedom of Information Act?The purpose of the Act is to promote greater openness by public bodies, including local authorities such as the Borough Council. Individuals already have the right to access personal information about themselves under the Data Protection Act 1998. As far as public authorities are concerned, the Freedom of Information Act has now extended this right to allow the public access to all types of information held by the authority. One of the ways in which the Council aims to give the public access to information is by publishing and maintain a Publication Scheme.
Who can use the Act?
Anyone is entitled to make a request for information.
What sort of information can I seek access to?
You can apply for access to any information recorded in any form held by any of the wide range of bodies covered by the Act. This includes the right to seek access to actual documents and records held by the authority.
What is the Publication Scheme?
The Council''s Publication Scheme is simply a guide to the types of information that the Council will make available to the public as a matter of routine. As well as describing the types of information that the Council will make available, the scheme also indicates whether a charge is made and also the form in which the information is published.
How can I obtain the information contained in the Publication Scheme?
The Council''s Publication Scheme identifies which of the Council''s departments holds the information you are requesting.
What can I do if the information I want is not listed in the Scheme?
If the information is not available within the Publication Scheme, the information should be requested either by downloading and completing the ''Freedom of Information'' application form, by writing a letter or sending an e-mail.
How do I make a request for information?
Requests for information should be in writing and be clear enough to enable the Council to identify and locate the information requested. However, if we need further clarification from you in order to identify and locate the information requested, then we will tell you what clarification we require.
What happens if the Council doesn't understand what information I want?
If the Council needs further clarification from you in order to identify and locate the information requested, then we will tell you what clarification is required. In those cases, the Council is not obliged to supply the information to you unless you give the further clarification that is requested.
If the Council refuses my application for information, will I be told why?
If the Council decides not to disclose the information that is requested, you are entitled to know why. The Council must give notice to you that the information is not being disclosed, must specify which exemption is being relied upon and, if it not obvious, explain why the exemption applies in that particular case. The notice will give particulars of the Council''s procedures for dealing with complaints and of the right to apply to the Information Commissioner.
What are my rights if the Council refuses to disclose information I have requested?
The Council already has in place a procedure for dealing with complaints and applicants who consider that their request has not been handled properly may make a complaint through this procedure. Where the outcome upholds the Council''s original decision, the applicant has the subsequent right to apply to the Information Commissioner''s Office, who will investigate the complaint and determine whether the request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner can be contacted at: Information Commissioner''s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Tel no: 01625 545 700 email: mail@ico.gsi.gov.uk
Can the Council charge for supplying me with the information?
If information is requested that is contained in the Council''s Publication Scheme, the Scheme identifies where a charge for providing that information. If the request is made under the provisions of the Freedom of Information Act, a fee will be charged which will be calculated according to the Government''s Fee Regulations. Where such a fee is charged, it will be necessary for it to be paid in advance. If the fee is not paid within three months of the original request, the request will be considered lapsed.
How can I obtain information about myself?
Personal information relating to an applicant is exempt from the Freedom of Information Act. The right to know whether personal information is held, and if so, to have access to it is covered by the provisions of the Data Protection Act 1998.
Will other people be able to see personal information about me?
A great deal of the information which the Council holds is personal and private to particular individuals. The Freedom of Information Act 2000 does not deal with this. Therefore, the Freedom of Information Act does not, for instance, make public confidential information about an individual''s Council Tax payments, Benefits, tenancy and other arrangements with the Council. In other words, your private affairs and any business that you have with the Council as an individual is not the subject of the Act. The relevant legislation is the Data Protection Act 1998.
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Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ
Tel: +44 (0)1329 236100 | Mobile Text/Photo: 07876 131415 | Fax: +44 (0)1329 821770
