Under the FOISA, individuals have a right to access non personal information held by public authorities. This is in contrast to the Data Protection Act 2018 [1], which gives individuals a right to access their own personal data. The Scottish Information Commissioner website has a flow chart that assists public authorities in responding to information requests.
Do not confuse the FOISA [2], which covers non personal information, with the DPA 2018 [1], which covers information about individuals.
Appoint someone in the dental team to deal with requests for information made under the FOISA [2].
Ask and ensure that any requests for information under the FOISA are made in writing (e.g. letter or email) or in another recordable format (e.g. audio cassette).
Deal with FOISA requests for information within 20 working days (this is required by law). This includes:
- determining whether the request is valid
- asking for clarification from the person making the request if necessary (NB: you have 20 working days to respond from receipt of clarification, if this is requested)
- determining whether the information is exempt or not from the FOISA [2] (see Information an individual does not have the right to access)
- sending the information, if appropriate.
Be prepared to explain the information in a way that helps make it understandable to the person who requested it. (NB: FOISA does not cover personal information)
If the information requested is available in your publication scheme (see Adopting and maintaining a publication scheme), direct the requester to where the information is published.
For further details about responding to a request, refer to guidance provided by the Scottish Information Commissioner [3].
If necessary, consult with your dental defence organisation prior to releasing information.
If you receive a request for environmental information, refer to the Scottish Information Commissioner guidance for further information. The guidance includes a definition of ‘environmental information’ [4].
If a review of your decision is requested, refer to Reviews and Appeals for details.