This module looks at how public authorities handle requests when considering section 12.
It includes consideration of what you can include when calculating the cost of compliance, the 'neither confirm nor deny' provision, aggregation of requests and handling refined requests.
Even though a public authority may be able to refuse a request under section 12 of FOIA, they still need to consider their obligations under the EIR and the DPA 2018.
Criteria
Good:
- All relevant staff understand what costs they can include when estimating the cost of compliance.
- All relevant staff understand when and how to use section 12(2).
- All relevant staff understand when and how to aggregate two or more separate requests for information.
- Estimates always include all relevant components.
- All relevant staff know what to do when they can provide some, but not all, of the information within the appropriate limit.
- All relevant staff know what to do if the requester refines their request.
Adequate:
- Most relevant staff understand what costs they can include when estimating the cost of compliance.
- Most relevant staff understand when and how to use section 12(2).
- Most relevant staff understand when and how to aggregate two or more separate requests for information.
- Estimates sometimes include all relevant components.
- Most relevant staff know what to do when they can provide some, but not all, of the information within the appropriate limit.
- Most relevant staff know what to do if the requester refines their request.
Unsatisfactory:
- Relevant staff do not understand what costs they can include when estimating the cost of compliance.
- Relevant staff do not understand when and how to use section 12(2).
- Relevant staff do not understand when and how to aggregate two or more separate requests for information.
- Estimates rarely include all relevant components.
- Relevant staff do not know what to do when they can provide some, but not all, of the information within the appropriate limit.
- Relevant staff do not know what to do if the requester refines their request.