6.1 Clarifying the request

Sometimes it may be necessary to ask for clarification of the request. This will be done by the IRO. The request to clarify should be sent as soon as possible and the timescale for response for an FOI/EIR request is suspended until a reply is received. There is a time limit of 20 working days for requesting clarification of an FOIA or EIR request.

6.2 Deadlines for responses

Time only starts to run from the point we receive a satisfactory response to any request we have made for FOIA/EIR clarification or information confirming the identity of the person making the subject access request/UK GDPR rights request. Our aim is to provide a full response within the statutory timescales.

The requirement is to provide responses “promptly” and

• The statutory time limit set by the UK GDPR/DPA is one month
• The statutory time limit set by the FOIA is 20 working days
• The statutory time limit set by the EIR is 20 working days but can be extended to 40 working days for complex or high volume requests.

‘Working days’ excludes weekends and bank holidays but not, for example, concession days when our office is shut over Christmas.

We will aim for a common timeframe of promptly and within 20 working days for all UK GDPR, DPA, FOIA and EIR requests. We must be aware when there are bank holidays during the period that we remain within the one month statutory limit for SARs and other UK GDPR rights.

For SARs and other UK GDPR rights, the period can be extended by two further months where necessary, taking into account the complexity and number of requests. We must tell the data subject within the initial month if we are going to take longer, and explain the reasons.

If we are likely to exceed the timeframe, the IRO should keep the applicant informed. If we exceed the timeframe, the IRO should apologise to the applicant and explain the reasons for the delay.

7 Managing requests: charging

7.1 General

The IRO should inform the applicant at an early stage if there will be a charge for providing access to information.

Whether we charge for information, and how much, will depend on the type of information requested. If the majority of the information is personal data, for example, information on a case file, the UK GDPR/DPA charging rules will apply. For other information the EIR or FOIA provisions will be relevant.

7.2 Charges under the UK GDPR

Article 12(5) says that where requests are “manifestly unfounded or excessive, in particular because of their repetitive character”, the controller may either:

a) charge a reasonable fee, taking into account the administrative costs

b) refuse to act on the request

Any decision to charge will need to be justified, in case of an appeal.

7.3 Charges under the EIR

The EIR allows a fee to be charged for all information provided subject to it being reasonable. There is no ‘appropriate limit’ exemption to apply to requests and no prescribed formula for estimating costs or charges. Where the request is straightforward, we will not charge for providing environmental information.

7.4 Charges under the FOIA

We cannot charge where the ‘appropriate limit’ is less than £450 (equivalent of 18 hours). If processing a request is likely to exceed this limit, we may charge the cost of processing and the costs of communicating the information in full; we can also refuse the request. Where a request for information is refused on cost grounds, an indication should be given to the applicant of what information could be provided within the cost ceiling.

A decision to charge for processing a request must be made by the Director of Investigation or the CEO.

We may also charge for any costs directly or reasonably incurred in telling the applicant whether we hold information and communicating the information to the applicant, for example, copying and postage costs. We charge for photocopying or printing at a rate of 10p per sheet of paper. Postage is charged at cost. The regulations allow us to charge for any additional disbursements, such as the cost of translating material into a language other than English.