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This module is about how well a public authority is currently performing in their application of section 43. It provides an opportunity to reflect on how often the application of section 43 is upheld internally within a public authority and by the ICO. When assessing your public authority as good, adequate or unsatisfactory against the criteria, it is important that you take a proportionate approach based on your individual organisation. You should take into account all relevant factors, including the number of requests you receive and your organisational structure.Your rating will depend on factors such as the number of requests you receive and the size and structure of your organisation. It's up to you to record your rating and provide reasons for it when building an action plan. Read the “more information” section to give you a further understanding of each question.

Good

  • You uphold the majority of applications of section 43 at an internal quality check.
  • You uphold the majority of section 43 applications at internal review.
  • You rarely cite section 43 for the first time during the ICO's investigation.
  • The ICO upholds the majority of your section 43 applications.

Adequate

  • You generally uphold the application of section 43 at an internal quality check.
  • You generally uphold the application of section 43 at internal review.
  • You sometimes cite section 43 for the first time during the ICO's investigation.
  • The ICO sometimes upholds your section 43 applications.

Unsatisfactory

  • You rarely uphold the application of section 43 at an internal quality check.
  • You rarely uphold the application of section 43 at internal review.
  • You usually cite section 43 for the first time during the ICO's investigation.
  • The ICO rarely upholds your section 43 applications.

 

More information

This only applies where section 43 is initially applied by a person or business area, and then checked by another internal person or team. The question measures whether you correctly applied the legislation the first time. It is a matter of general good practice to have a process of internal quality checks but this isn't mandatory. If your organisation does not have an internal quality check for responses to FOI requests, select ‘adequate'.

More information

It's good practice to have an internal review procedure but not a statutory obligation. If there is no internal review procedure, select 'adequate'.

More information

While the ICO will consider late claims, relying on a late application of section 43 might indicate that your organisation isn't confident in applying it.

More information

Consider why section 43 complaints are or are not upheld by the ICO, and apply any learning points to your future handling of requests.