Do Charities Have To Respond To Freedom Of Information Requests?

What are sensitive personal data?

The following personal data is considered ‘sensitive’ and is subject to specific processing conditions: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs; …

health-related data; data concerning a person’s sex life or sexual orientation..

Do I have to give a reason for a subject access request?

Requesters do not have to tell you their reason for making the request or what they intend to do with the information requested, although it may help you to find the relevant information if they do explain the purpose of the request.

How long does it take to get a subject access request?

An organisation normally has to respond to your request within one month. If you have made a number of requests or your request is complex, they may need extra time to consider your request and they can take up to an extra two months to respond.

Are FOIA requests confidential?

Freedom of Information Act (FOIA) requests are not confidential. … If the request contains personally identifying information or the request is deemed “sensitive,” we may redact information under FOIA Exemption 6 (personal privacy).

What is the difference between freedom of information and subject access request?

If the information you want is information relating to YOU and your personal data then a subject access request will do. If the information you want is for example about the number of car crash incidents in a given year an FOI request will do.

What information can be withheld from the ICO?

You can automatically withhold information because an exemption applies only if the exemption is ‘absolute’. This may be, for example, information you receive from the security services, which is covered by an absolute exemption. However, most exemptions are not absolute but require you to apply a public interest test.

What happens if a FOIA request is ignored?

Filing a Lawsuit If your request is denied, and your internal appeal does not reverse this decision, you may sue the agency in the United State District Court in your state of residence, in the state where the records are located, or in the District of Columbia.

What is a valid Freedom of Information request?

For a request to be valid, it must be sent directly to the relevant organisation, stating clearly what information is being requested, providing the requester’s real name with a valid address (postal or email) to where the reply can be sent.

Are you allowed to share personal data about a patient?

You may disclose personal information without consent if the disclosure is permitted or has been approved under section 251 of the National Health Service Act 2006 (which applies in England and Wales) or the Health and Social Care (Control of Data Processing) Act (Northern Ireland) 2016.

Why is freedom of information important?

FOI allows individuals to see what information government holds about them, and to seek correction of that information if they consider it wrong or misleading. FOI enhances the transparency of policy making, administrative decision making and government service delivery.

How do you respond to a Freedom of Information request?

Responding to a Freedom of Information requestrelease the information, if you have it.acknowledge that you do not hold the information.transfer the request to another authority, if they have this information.withhold the information by applying an exemption (if you have valid reasons) and explain why.acknowledge that you need more time to consider the request.

What can you ask for in a FOIA request?

See the section on How to Request Records Under FOIA in this guide for more information. Physical records of any description can be requested under FOIA. Traditional typed documents, as well as maps, diagrams, charts, index cards, printouts and other kinds of paper records can be requested.

Can you refuse a GDPR request?

The ICO guidelines state that a DSAR can be refused if it is manifestly unfounded or excessive. It is important to remember that the application of exemptions for a request must be decided on a case-by-case basis.

What are the 7 principles of GDPR?

The GDPR sets out seven key principles:Lawfulness, fairness and transparency.Purpose limitation.Data minimisation.Accuracy.Storage limitation.Integrity and confidentiality (security)Accountability.

What is covered under GDPR?

GDPR Personal Data Only if a processing of data concerns personal data, the General Data Protection Regulation applies. The term is defined in Art. … For example, the telephone, credit card or personnel number of a person, account data, number plate, appearance, customer number or address are all personal data.

What happens when a subject access request is ignored?

What can I do if my request is refused or ignored?Step 1: Write to the organisation reminding them of your request, and of their obligations under General Data Protection Regulation (GDPR). … Step 2: Make a complaint to the organisation. … Step 3: Complain to the Information Commissioner’s Office (ICO).

Can I make a freedom of information request to a charity?

Anyone can make a freedom of information request – they do not have to be UK citizens, or resident in the UK. Freedom of information requests can also be made by organisations, for example a newspaper, a campaign group, or a company.

How many days does an NHS trust have to respond to Freedom of Information requests?

20NHS England has a legal obligation to reply to your FOI request and must do so within 20 working days of receipt.

How long does an Organisation have to respond to a Freedom of Information request?

You normally have 20 working days to respond to a request. For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff.

What is the purpose of the Freedom of Information Act?

The Freedom of Information Act 2000 provides public access to information held by public authorities. It does this in two ways: public authorities are obliged to publish certain information about their activities; and. members of the public are entitled to request information from public authorities.