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An SAR is a way for you to request copies of your own personal information (information that is about you) while an FOI is a way to request other information held by a public authority, usually relating to its operations. In some cases, the organisation may respond by not confirming or denying if they hold the information requested. In most cases, organisations must respond to the request, either providing the requested information or telling you why they will not provide it, within 20 working days of receipt.
- Where an extension is applied, you should still issue a notice to the requester within the first 20 days, explaining why you need more time, and providing an estimated date for the final response.
- Request must be in writing to the FOI Body that holds the records.
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- Responses sent to 3rd-party websites will be publicly available to anyone who visits the website, so an inadvertent disclosure of exempted information would be available for anyone to see.
- In order to apply a qualified exemption, organisations must assess and evidence that there is a stronger public interest in withholding the information.
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You can consider applying this exemption if the information requested is going to be published in the future, and it is reasonable not to disclose it until then. Case law establishes that the FOIA would only apply to the information which the public authority has an ‘appropriate connection’ to. Further information about applying extensions to the response period can be found on the ICO website. In these circumstances you can extend the time limit by a ’reasonable’ amount. Once satisfied you have a valid request that doesn’t contain malware, you should acknowledge receipt of the request to the requester via their stated contact method. Requests may come from human beings, organisations or be AI or bot-generated – all are valid if they include a name and email or postal address.
You can also check for previous FOI responses on the website What do they know? Professionals or hospitals, dentists, pharmacies and opticians which only provide private services would not have to provide any information under an FOI request. Where this is the case, the provider would only have to release information about their NHS work, and not about their private work, under an FOI request.
- It is important to ensure that all staff receive training in the FOIA to ensure they understand their responsibilities and the importance of timely action in this area.
- There is no specific form that must be used to make a request.
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- If you are still unhappy with the response to your complaint, you can contact the ICO.
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- (Refer to our guidance on accessing records of deceased individuals for further information.
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How do I make a FOIA Request?
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