9.1 Requests under the FOIA and EIR

Requests for information other than case files will not normally involve personal data of the requester unless a staff member is making a request for personnel information. Therefore, these requests will generally be considered under the FOIA and EIR.

9.2 Information about staff

Except for the Executive Team and Ombudsman, when we receive requests about a named individual member of staff we will only disclose the following information:

• the person’s name and job title;
• their work address (PO Box 4771, Coventry CV4 0EH) and telephone number through which contact can be made (which may be, for example, that of an Executive Assistant);
• the qualifications required for the job, by providing person specification and job description for the post, and the salary band for the post.

We will not disclose any other personal details, for example, how long the person has worked at the LGSCO, or information about a member of staff’s work performance or qualifications. This is because the information is the staff member’s personal data, the First Data Principle applies (UK GDPR, Article 5(1)(a)) and the person is unlikely to consent to the information being released. However, we should always check with the relevant staff member in the event they have no objection to the disclosure.

Except for the Executive Team and Ombudsman, when we receive requests for general staff information, such as lists of names, telephone and email addresses, we will not disclose them as they are personal data. Work contact details exist to enable direct communication between LGSCO staff involved in a complaint and the complainant, representative or body we are investigating. We have a duty to take steps to protect the rights and freedoms of individuals and to respect employee rights to respect for their private and family life.

Information which is personal data and is required to be publicly available is exempt from disclosure. This exemption is only likely to apply to the Commissioner’s – and non-executive members of the Commission’s - declarations of interests. If the request is for information we publish voluntarily, the information must be provided.

9.3 Requests from staff and job applicants

Information on requests from staff is on the intranet in the employee privacy notice and from job applicants, is on the website, see https://www.lgo.org.uk/privacy. This directs job applicants to use the foi.officer@lgo.org.uk mailbox for their request.

9.4 Commission records

The remainder of the information we hold and which might be requested, is broad and includes all business and casework data held on our IT systems, including email, and information in hard copy. Requests may also involve information about the running of the Commission, including anonymised casework output and other performance data.

An example of a possible request for environmental information could be for details of any waste and recycling strategy or details of energy conservation measures employed.

9.5 FOIA exemptions

Our general approach should be to provide information where practicable, but there are exemptions which may apply. Exemptions should fit the material, rather than fitting the material to the exemption. When responding to requests, any exemptions must be carefully detailed in the refusal notice to the requester, including accurate citation of the legal basis.

Even if an exemption applies, we can still disclose information if we consider it appropriate. Waiving the right to apply an exemption in one instance does not prohibit applying the same exemption in another instance and refusing to disclose that information. However, information provided to one must be made available to all.

There are two types of exemptions, absolute and qualified. If an absolute exemption applies, there is no duty to confirm or deny that the information is held if compliance with that duty would involve disclosure of information covered by the exemption.

Qualified exemptions must be considered against the public interest test, and in some cases whether disclosure would, or would be likely to cause prejudice. The test is whether information covered by the relevant exemptions must still be released if the public interest in releasing the information outweighs the public interest in withholding it. In most cases, we will need to explain why the public interest favours the use of the exemption rather than disclosure. Some criteria that would tend towards disclosure include where it would:

• contribute to public understanding of issues of the day;
• enhance the accountability and transparency of public bodies for decisions taken by them;
• enhance the accountability and transparency of public bodies in the spending of public money;
• help people to understand decisions affecting their lives, or
• contribute to public safety.

The IRO will establish the most appropriate exemption(s) to use when they respond to the request.

9.6 EIR exceptions

Relevant non-casework requests under the EIR are unlikely but there are two types of exception, based on the type of information and the content of the information. They are subject to the public interest test with some requiring a ‘test of harm’ because they relate to an adverse effect on something by disclosing the information. A concern that releasing the information might result in an adverse effect is not sufficient.