Accessing Information not in the Publication Scheme

If the information you are seeking is not available under this publication scheme, then you may wish to request it from us. The Freedom of Information (Scotland) Act 2002 (FOISA) provides you with a general right of access to the information we hold, subject to certain exemptions.

The Environmental Information (Scotland) Regulations 2004 (EIRs) provide a right of access to the environmental information we hold, and the Data Protection Act 1998 (DPA) provides a right of access to any personal information about you that we hold. Again, these rights are subject to certain exceptions or exemptions.

Together these three pieces of legislation provide rights of access to most information held by the Council.  However, there are other acts or regulations which provide a right of access to specific types of information held by local authorities, or which require registers to be publicly available.  This includes information held on school pupils and social work client files.  More information on this can be found on the Scottish Information Commissioner’s website.

Pupil information:

www.ico.gov.uk

Social work records:

www.ico.gov.uk

Should you wish to request a copy of any information that we hold that is not available under this scheme, please write to:-

Information Co-ordinator
Elgin Library
Cooper Park
Elgin IV30 1HS

Telephone 01343 563110
Fax 01343 563199
Email info@moray.gov.uk

Charges for information which is not available under the scheme

The charges for information which is available under this scheme are set out under Our Charging Policy.  If you submit a request to us for information which is not available under the scheme the charges will be based on the following calculations:

Freedom of Information (Scotland) Act 2002

The Council may charge for printing/ photocopying, postage and actual staff time (up to a maximum of £15 per person per hour*) to retrieve, collate, copy and blank out any exempt information. Cost does not include time taken to decide whether the information is held or should be given out, calculate the fee, or decide whether exemptions apply.

* Scottish Statutory Instrument 2004 No 476 The Freedom of Information (Fees for Required   Disclosure) (Scotland) Regulations 2004

* Scottish Statutory Instrument 2004 No 376 The Freedom of Information (Fees for Disclosure under Section 13) (Scotland) Regulations 2004

  • First £100.00 - Under the Act no charge can be made for the first £100.00 cost to the Council
  • £100.00 to £600.00 - Under the Act the Council will charge at a rate of 10% of the cost over the first £100.00, up to £600.00
  • Above £600.00 - Under the Act the Council does not have to supply information if the cost to the Council exceeds £600.00 (Excessive Cost of Compliance section 12 of FOI(S)A and Scottish Statutory Instruments 376 and 476)

Environmental Information (Scotland) Regulations 2004

Under the EISRs, the Council may charge a ‘reasonable amount’ for the provision of environmental information which should not exceed the actual costs of supplying the information including retrieval and copying. 

As with requests made under FOISA, the Council will charge for printing/ photocopying, postage and actual staff time (up to a maximum of £15 per person per hour) to retrieve, collate, copy and blank out any exempt information. Cost does not include time taken to decide whether the information is held or should be given out, calculate the fee, or decide whether exemptions apply.

However, under EISRs there is no lower and no upper limit to charges.

No charge - For consulting publicly available documents

General information requests under FOISA and EIRs:

  • In the event that we decide to impose a charge we will issue you with notification of the charge (a fees notice) and how it has been calculated. You will have three months from the date of issue of the fees notice in which to decide whether to pay the charge. The information will be provided to you on payment of the charge. If you decide not to proceed with the request there will be no charge to you.


Requests for your own personal data

Data Protection Act (1998)

  • The Council will charge a £10.00 fee for a request for your own personal information known as a ‘Data Subject Access’ Request under the Act. 

*Statutory Instrument 2000 No 191 The Data Protection (Subject Access) (Fees and  Miscellaneous Provisions) Regulations 2000

  • Data Subject Access Request - £10.00 fee payable in advance*

Data Subject Access Request Form 

http://www.moray.gov.uk/downloads/file41452.pdf

or contact:

Information Co-ordinator
Elgin Library
Cooper Park
Elgin IV30 1HS

Telephone 01343 563110
Fax 01343 563199
Email info@moray.gov.uk

Pupils Education Records (Scotland) Regulations 2003

  • Fee (as DPA) - £10.00 fee payable in advance
  • Supply of copy of pupils education records to data subject or their nominee - A charge will be made for any photocopies, according to our charging policy set out in section 6 of this scheme.

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