Making a request for information

A request for information must be made in writing or in another permanent form, for example on audio or videotape. [1] It can be made by fax or email or through an organisation's website so long as the request is legible and can be referred to at a later date. [2]

The request must state the name of the applicant and an address for correspondence and state the information that is required. [3] There is no requirement for an applicant to disclose why s/he is requesting the information and public authorities should not give this impression. [4]

Public authorities have a duty to provide advice and assistance to anyone who has, or is proposing to, make a request under the Freedom of Information (Scotland) Act 2002. [5] If the applicant is unable to provide the request in a permanent form, the public authority must give assistance to enable the person to make an application. [6] For example, the public authority could take a written note of the request and ask the applicant to sign it. [7] Guidance states that particular consideration should be given to those with a disability or with communication difficulties. [8]

A public authority may need further information in order to identify and locate the information requested. The public authority may request the necessary information from the applicant and is not obliged to provide any information until the information requested from the applicant has been provided. [9] Public authorities are advised not to use clarification as a means to delay dealing with an application. [10]

The information that is to be provided is that held by the authority at the time the request is received. [11] The right is to the information that was held on the day of the application without deletion or amendment. The information should not be destroyed before it can be provided unless it is not reasonably practicable to prevent its destruction. [12]

A public authority may charge a fee for complying with a request. The public authority is not required to provide the information until the fee has been paid. [13]

Information about fees can be found on the Scottish Information Commissioner's website.

If the public authority intends to charge a fee, it must notify the applicant within 20 working days of receiving the application. [14] A fee notice must contain:

• details of the public authority's complaints procedure

• details about the right to request that the public authority reviews its decision

• details about the right to appeal to the Scottish Information Commissioner. [15]

The public authority does not have to provide the information until the fee has been paid and it must be paid within three months of the fees notice being served. [16]

A public authority has 20 working days to comply with a request for information, from the date that the request was received, or if further information was required to identify the information requested, from the date that the further information was provided. [17]

Where the public authority notifies the applicant that a fee is to be charged, the period between the fee notice being issued and the fee being paid, is not included when calculating the number of days taken to comply with the request for information. [18]

The public authority can comply with the request for information by providing the applicant with:

• a copy of the information

• a digest or summary of the information

• a reasonable opportunity to inspect the information. [19]

If the applicant expresses preference as to which of these ways s/he would like the information, the public authority must, as far as reasonably practicable, provide the information in that manner. [20] If the applicant has a disability, the public authority will also have a duty under the Disability Discrimination Act 1995 to provide the information in a manner that is accessible to the applicant. [21]