The following are some frequently asked questions to assist in the understanding of the Freedom of Information Act 2000.

Can I request personal data under the Freedom of Information Act?

The FOIA gives individuals the right to request information held by public authorities. It does not provide a right of access to personal information held about an individual. If someone is requesting their personal data this should be handled as a Subject Access Request under the Data Protection Act 2018.

Why have I been asked to clarify my request?

There maybe occasions where we cannot identify the information being requested from the details that may have been provided. In this case, we will seek clarification from the requester. The statutory timescale of 20 working days does not start until we have received this.

Will there be a charge?

Some requests may be chargeable although the Trust will aim to publish information on the college website which can be accessed free of charge.

Section 12 of the FOIA provides an exemption (appropriate limit) were costs are estimated to exceed £450 for a public authority to comply with a request for information. Costs are calculated at £25 per hour and up to 18 hours for staff time to locate and retrieve the information. In these cases, the Trust may refuse the request. We will ask the applicant to narrow the scope of the request, we may be able to provide the information free of charge because it would cost less than the appropriate limit to do so.

How will my request be dealt with?

As a requirement of the FOIA, Barking, Havering and Redbridge University Hospitals NHS Trust is obliged to comply with requests for information within 20 working days following receipt of a request.

In cases where we are considering the application of an exemption that is subject to a public interest test (known as a qualified exemption), the FOIA requires the university to reach its decision within such time that is reasonable in the circumstances.

Work is ongoing for a disclosure log where documents provided to previous requests will be published for viewing or downloading.

What are exemptions?

There are 23 exemptions from the right of access and two categories of exemptions. Some information is exempt from disclosure and does not have to be provided.

Further information can be seen on the ICO website here.

What are vexatious and repeated requests?

Where the Trust has previously complied with a request for information and subsequently receives an identical or similar request from the same individual, we are not obliged to comply with this request until a reasonable interval has elapsed between compliance with the first request and receipt of the current request.

A request for information will be treated as vexatious where it is of a frivolous nature, if it is likely to cause distress, or if it is aimed at disrupting of the work, or harassing the organisation.

What is the public interest test?

The public interest test provides that a public authority must release information unless, 'in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information'. This requires the authority to make a judgement about the public interest.

What format will the information be supplied in?

When making a request you can state a preference of how you would like the information communicated to you. This could be in hard copy, or an electronic copy of the information. We will do our best to supply you with the information in this format. However, if this is not practical for us to do so, we will let you know.

Can I re use previously requested information?

You are free to use any information supplied for your own use, including for non-commercial research purposes. The information may also be used for the purposes of news reporting. However, any other type of re-use, for example by publishing or issuing copies to the public, will require the permission of the copyright owner.

Do you need to speak to us?

If you have any queries you can contact us at: BHRUT.FreedomOfInformation@nhs.net