What are my rights under the Freedom of Information Act? 
 
If you request any information from us, then, unless the information falls under one of the exemptions listed in the Act, you have the right to be told whether we hold that information and to have that information provided to you.  
 
How can I request information under the Freedom of Information Act? 
 
You must make your request in writing, either in a letter, fax or email. You must give us your name and a postal or email address to which we can send our reply. It would also help if you could give us a contact telephone number, although this is optional. Your request should be as clear and specific as possible to help us identify more quickly the information that you are seeking.  
 
How can I request information under the Environmental Information Regulations? 
 
If you are requesting environmental information, you do not have make your request in writing, it can be made verbally, for example, face-to-face or via the telephone. However, in order to ensure that we have your correct contact details and a clear record of your request, if you do make a verbal request then it would be helpful if you could also confirm the details in writing wherever possible.  
 
Where do I send my request for information? 
 
Please mark your request for information for the attention of Alison McCarthy, Records Management & Information Compliance Adviser, and send it by post, email or fax to: 
 
Post: South West RDA, Sterling House, Dix's Field, Exeter, EX1 1QA  
Email: foi@southwestrda.org.uk 
Fax: 01392 214848 
 
What will you do when you receive my request? 
 
We aim to acknowledge receipt of your request within three working days. If we need to clarify any of your details or any part of your request, then we will contact you as soon as possible in order to do so. 
 
How long will it take to answer my request? 
 
The exact length of time taken to answer your request will vary depending on the nature and complexity of the request. Under both the Freedom of Information Act and the Environmental Information Regulations, we must normally deal with your request within 20 working days from receipt. The 20 day period commences on the first working day after your request is received. Weekends and Bank Holidays do not count as working days.  
 
If we need further information or clarification from you, then we stop counting the working days elapsed until we have received that information from you.  
 
Under the Freedom of Information Act, in cases involving the public interest test we may seek an extension to the 20 day limit, and if this is the case, we would write to notify you accordingly.  
 
Under the Environmental Information Regulations, if the complexity and volume of the information requested makes it impracticable to respond within 20 working days, we may extend the period for response to 40 working days. Again, we would write to notify you accordingly.  
 
Can I tell you how I would like to receive the information? 
 
Yes. You can tell us whether you want to receive the information in paper or in electronic format. You can also request to view the information in person. We will aim to comply with your preference as far as is practicable, but if it is not possible or practical to provide the information in the format you have specified, for example because of the costs or time involved, then we will contact you to suggest an alternative.  
 
Do you have to provide me with copies of original documents? 
 
Not necessarily. The legislation focuses on information, not actual documents. Depending on the nature of your request, we may provide copies of original documents, extracts of information from original documents, or summaries or digests of information. 
 
How will my request be answered? 
 
Our formal response to your request will be made in writing. If we are disclosing the information, you will be sent a written reply containing the information you have requested. If we are withholding the information and claiming it is exempt from disclosure, we will write and tell you which exemption(s) we are applying to the information. 
 
What information is exempt from disclosure? 
 
There are 22 exemptions under the Freedom of Information Act. Eight are absolute exemptions; the other 16 are known as qualified exemptions, where the South West RDA must decide whether the public interest is better served by the disclosure or the withholding of the information. For more details about the exemptions, go to www.ico.gov.uk. There are similar exemptions from disclosure under the Environmental Information Regulations, which are known as exceptions. For more information about the exceptions, go to www.defra.gov.uk/corporate/opengov/index.htm 
 
Who will decide whether an exemption / exception applies? 
 
We have a Decisions & Appeals Board made up of senior members of staff who will authorise any use of the exemptions or exceptions. Any subsequent appeal or complaint will be dealt with by members of that Decisions & Appeals Board who were not involved in handling your original request. 
 
Will it cost me anything? 
 
Under the Freedom of Information Act, the first £450 of staff time spent locating and retrieving the information to answer the request is free. This is based upon a standard rate of £25 per hour which has been set by Government, and is the equivalent of two and a half days work. Should the cost of answering your request exceed £450, we can choose whether to waive all charges and answer the request; charge only the excess above £450; or refuse the entire request outright. We are allowed to charge separately for disbursements, to cover the costs of photocopying, scanning, postage etc, and will notify you of any such costs before responding to the request. We would not charge disbursements in most routine cases, only for cases where we had to photocopy or scan a large quantity of documentation.  
 
If we are going to charge under the Freedom of Information Act for answering your request or for disbursements, we will notify you in writing with a fees notice advising you of the amount due. You can then decide whether you wish to proceed with the request. If you do not pay within three months of receiving the fees notice, we do not have to provide you with the information.  
 
Under the Environmental Information Regulations, should the cost of answering your request exceed £450 (as for Freedom of Information requests), we can make a 'reasonable' charge for the information, although we cannot refuse the entire request outright on the basis of cost. As for Freedom of Information requests, we can charge for disbursements, to cover the costs of photocopying, scanning, postage etc, and will notify you of any such costs before responding to the request. We would not charge disbursements in most routine cases, only for cases where we had to photocopy or scan a large quantity of documentation.  
 
If we are going to charge under the Environmental Information Regulations for answering your request or for disbursements, we will notify you in writing with a fees notice advising you of the amount due. You can then decide whether you wish to proceed with the request. If you do not pay within 60 days of receiving the fees notice, we do not have to provide you with the information.  
 
What can I do if I am not happy with the way you have handled my request, or with your response? 
 
Firstly, you must pursue the matter with us through our complaints procedure. Following that, if you are still dissatisfied, you may appeal to the Information Commissioner. The Information Commissioner will not usually investigate any appeal or complaint unless you have pursued the matter through our complaints procedure first. 
 
Can I request information about myself which is held by the Agency? 
 
Yes, you can request information about yourself, but you must do so by making a subject access request under the Data Protection Act 1998.