Freedom of Information Act
The Freedom of Information (Scotland) Act 2002 aims to increase openness, transparency and accountability throughout the public sector by entitling anyone, from anywhere in the world, to request access to any information held by Scottish public bodies, including South Lanarkshire Council.
Local authorities are not the only public bodies affected by the legislation. The Act applies to some 10, 000 public bodies throughout Scotland ranging from the Scottish Executive, the police, the NHS and the Higher Eduction sector, to GPs, schools and nurseries.
Requests for information do not have to mention the Freedom of Information Act, but they do need to be made in a recorded and permanent form. We have produced an Information Request Form to assist applicants request information. The forms are available online, in all Q and As, libraries and our principal offices. Once a request for information has been received, we have 20 working days to supply the requested information or reply to the applicant detailing why the information cannot be made available.
There will be some limited information (covered by the 17 exemption categories within the Act), held by us that cannot be disclosed, for example personal information relating to individuals which is confidential and covered by the personal information exemption. There will also be instances where information cannot be disclosed because it is commercially sensitive or where disclosure would seriously prejudice law enforcement, legal proceedings or our regulatory enforcement activities. However, when a request is made for information, we will always favour disclosure and make the information available wherever possible. If an exemption does apply to the information you request, we will provide a written refusal notice explaining why the request is being refused and informing you of your right to apply for this decision to be reviewed.
We have published a Publication Scheme, which provides details of information which we make available to the public, or intend to make available in the future. It details the way in which the information can be accessed - whether online, through Q and As or from a particular Resource or Service. The scheme also states whether information is available free or carries a payment charge. The Publication Scheme is available online and is widely available for reference in all Libraries, Q and As and our principal offices.
If you are not happy with our decision in response to an information request, you can ask us to review it. If you are still dissatisfied after the review procedure has been followed, you can then make an "application for determination" by the Scottish Information Commissioner. The Commissioner will then investigate the decision and determine whether you should receive the information requested in full or in part.
For further information, contact Freedom of Information requests.
Charges may be levied to cover the provision of information requested under the Act. Applicants will be informed of any such charges through a Fees Notice, which will be issued prior to the information being provided.
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