Freedom of Information and Data Protection

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Freedom of Information and Data Protection

Access to Information

Down District Council is a transparent and open organisation and we publish a great deal of information about what we do on this website which you can access by using the search facility clearly marked on our home page. However there may be other issues about which you would like further information and in this part of our website we explain how you can get such information.

Subject Access Requests under the Data Protection Act 1998

If you want to ask us for information which we may hold about you personally then this will be dealt with under the Data Protection Act 1998. This would include information relating to health records, employment and training records – anything which is limited to you as a person.

If you wish to make a Subject Access Request you should write to the Freedom of Information Officer at Down District Council, 24 Strangford Road, Downpatrick, BT30 6SR specifying the kind of information you wish to be made available to you and the relevant form requesting further information and detailing the proof of identify required and fee details (£10.00 per subject access request), will be forwarded to you.

Under the Data Protection Act 1998 we have 40 working days to provide the information you ask for. If you are unhappy with any aspect of the way in which we deal with your Subject Access Request you may complain using the Council’s 3 step procedure namely:

Stage 1: Informal (Maximum 10 working days)

At this stage each service handles its own complaints. The relevant service will investigate the complaint, research the issues raised, prepare and send out a full response to the complainant.

You may make a complaint in writing, by telephone, by e-mail or by calling in person at the Council Offices, or at any Council facility. A complaint may also be made through a Councillor or another individual or organisation may complain on your behalf.

We will acknowledge your complaint within 3 working days of receipt and aim to resolve the matter within 10 working days from the time we hear from you. If you are not satisfied with the response you can ask for a further review (see Stage 2 of the Complaints Procedure).

Stage 2: Formal (maximum 15 working days)

If you are not happy with the response to your complaint you may contact the Director of the service with details of the complaint, the service’s response and the reasons why you are not satisfied.

The Director will acknowledge the complaint within 3 working days of receipt with a full reply in 15 working days. If you are still not satisfied you may ask for a further review (see Stage 3 of the Complaint’s Procedure).

Stage 3: Formal (maximum 15 working days)

If you are not happy contact the Clerk and Chief Executive with details of the complaint and the reasons for not being satisfied with the previous responses.

The Clerk’s Office will acknowledge the complaint within 3 working days of receipt with a full reply within 15 working days.

Following investigation the Clerk and Chief Executive will write to the complainant giving the Council’s final response to the complaint.

Alternatively you can contact the Information Commissioner at http://www.ico.gov.uk

Or if you feel we have failed to disclose information without good reason you may apply to a Court for disclosure.

Freedom of Information Act 2000

Publication Scheme

In order to comply with the Freedom of Information Act 2000 public sector organisations such as the Council have to routinely publish information whenever possible.

The Information Commissioner, who is responsible for monitoring and enforcing compliance with the Freedom of Information Act 2000, has drawn up what is called a Model Publication Scheme for all public sector organisations (http://www.ico.gov.uk) which we have decided to adopt and formally commit to.

We have reviewed the information we routinely put into the public domain to ensure we are compliant with the Definition document. You will be able to see where we don’t hold relevant information or where for some reason we have decided not to routinely disclose information identified in the Definition document.

Most of the information we make routinely available can be accessed through our website by using the search facility. Such information is continually updated. If you cannot find information through the search engine and we have indicated in the definition document that the information is routinely available this may be because the information cannot be loaded onto our website. In such circumstances, please contact the

Freedom of Information Officer,
Down District Council
Downshire Civic Centre
Downshire Estate
Ardglass Road
Downpatrick
BT30 6RA
T: 028 44 610800
E: council@downdc.gov.uk

and ask for the information to be provided to you.

Accessing information which is not included in the Publication Scheme

Down District Council are committed to complying with and implementing the terms of the Freedom of Information Act 2000. The Council’s commitment to the Act is outlined in the Council’s Freedom of Information Policy (available below).

As an open and transparent organisation we are committed to routinely publishing as much information as possible. However, if you want information which is not on our website or otherwise available through our guide to information you may ask us for it in accordance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2005. Requests for such information should be submitted in writing by post to the Freedom of Information Officer, Down District Council, 24 Strangford Road, BT30 6SR. or by e-mail to council@downdc.gov.uk. For full details in relation to making a request to Down District Council please see the Council’s Freedom of Information Policy & Procedures below.

By law we have to deal with requests under the Freedom of Information Act 2000 within 20 working days of the date of receipt of the request by the Council.

If you make a request and are not satisfied with the way in which we respond to your request you may ask us to internally review our response. If you wish us to undertake an Internal Review you should write to:

The Freedom of Information Officer,
Down District Council
Downshire Civic Centre
Downshire Estate
Ardglass Road
Downpatrick
BT30 6RA

Internal Reviews will be handled by the Council’s Director of Corporate Services, or, in the absence of the Director, by an Officer more senior than the Officer responsible for the Council’s initial response to you. For further information in relation to Internal Reviews please see the Council’s Freedom of Information Procedures below.

If you remain dissatisfied at the conclusion of any Internal Review conducted by the Council you may apply to the Information Commissioner’s Office for a further Review of our response. The Information Commissioner’s Office usually expects Internal Reviews to be completed prior to reviewing the responses of public bodies. The address of the Information Commissioner is: 51 Adelaide Street, Belfast, BT2 8FE.

Fees and Charges

The Freedom of Information Act and the associated Fees Regulations stipulate that we cannot levy a fee for information unless there is a statutory basis for doing so or the amount of time taken to locate, retrieve and extract the information exceeds the statutory limit of 18 hours. Where a request for information can be resolved within the statutory limit outlined above the Council will not levy a fee for providing the information electronically. However, if information is required to be provided in hard copy the Council is entitled to charge Applicants for disbursements including photocopying and postage. Photocopying and Postage will be charged at the cost to the Council of photocopying and posting the information. However, please note that the Council will not ordinarily charge any fees in respect of disbursements unless the collective cost to the Council of photocopying and postage would exceed £10.00 (Ten Pounds). The Council will advise the applicant of any charges payable at the time of the request. The charges will be payable in advance of the request being processed. For full details in relation to charging please see the Council’s Freedom of Information Procedures below.

If you want any further information about the provision of information or have any difficulty accessing information provided on our website please see the Council’s Freedom of Information Policy & Procedures below or alternatively contact the

Freedom of Information Officer,
Down District Council
Downshire Civic Centre
Downshire Estate
Ardglass Road
Downpatrick
BT30 6RA
T: 028 44 610800
E: council@downdc.gov.uk.

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