5.13 Refusal and appeal rights

We must justify any refusal and explain any exemptions or exceptions, including for FOI and EIR an explanation of how we have applied the ‘public interest test’ and considered any prejudice, if applicable. See Complaints about our response. The IRO should also explain our complaints procedure and the right of appeal to the ICO if still dissatisfied, by enclosing the complaints leaflet.

The requestor must also be told we will destroy the file according to our normal retention schedule and specify when this will be. They must be warned they need to notify us if they lodge a complaint with the ICO so we can retain the material until the ICO’s processes have been completed.