Before requesting information, check our publication scheme to see if the information you are looking for is already available.
The policy covers:
- Purpose
- Scope
- Definitions
- Roles
- Policy statement
Purpose
This Policy sets out the approach adopted within Scottish Enterprise (SE) to comply with the Freedom of Information (Scotland) Act 2002.
Scope
This is a Scottish Enterprise (SE) policy, which along with the associated procedure, documented in the SE Enquiry and Information Request Handling Process, applies to all SE staff. Compliance is mandatory.
Definitions
Freedom of Information (FOI) request
A request for information which is in writing or another permanent form which states the name of the applicant and an address for correspondence and describes the information requested.
Environmental Information Regulations (EIRS)
A request for information made either in writing or other permanent form, or a request received orally/by telephone, for information considered to be "environmental information".
Publication Scheme
A scheme approved by the Scottish Information Commissioner which specifies the classes of information which a Scottish Public Authority publishes or intends to publish, the manner in which information in each class is published and whether it is available to the public free of charge or on payment.
Exemption
One of the grounds for withholding information permitted by the Act.
Exception
One of the grounds for withholding information permitted by the EIRs.
Excessive cost of compliance
Where the cost of complying with the request would exceed an amount prescribed in regulations made by the Scottish Ministers (currently £600).
Publish
To make publicly available – on the internet and/or in hard copy.
Public interest test
The process of considering the public interest in making available information which might otherwise be exempt.
Roles
The Central FOI Unit is responsible for Scottish Enterprise's Freedom of Information policy and procedures. It is responsible for verifying all responses to FOI/EIR requests, approving any decision to withhold information in response to one or more of the exemptions to the Act, or exceptions in relation to EIRs, and providing guidance on FOI legislation/procedures to colleagues.
There are a number of Freedom of Information Co-ordinators across the organisation, who are responsible for ensuring that FOI requests received by the business unit are processed promptly and in accordance with the standard processes. They are also responsible for promoting awareness of FOI within the business unit, handling straightforward queries from colleagues on FOI matters and referring more complex queries to the central team.
Each class of information in the SE Publication Scheme is allocated to an information owner, who is responsible for ensuring that the information is published.
The Enquiry Fulfillment Response Service (EFRS) is the nominated first point of contact for formal FOI requests and also for people seeking hard copy or email copies of information in the publication scheme. However, in practice requests may be received in any part of the organisation and all staff should ensure it is handled according to the standard process.
Policy statement
General
Scottish Enterprise (SE) will comply with the spirit as well as the letter of the Freedom of Information (Scotland) Act. To this end we have in place a standard process based on the principle of openness. This process is set out in the document SE Enquiry and Information Request Handling Process, and includes mandatory steps which will ensure that the legal requirements are met in the case of requests covered by the Act.
At the same time we wish to maintain the trust of our customers, and will ensure that in all cases where information relating to third parties is the subject of a request, we will consider whether it is appropriate to use the commercial interests or personal information exemptions, and will consult the third parties as appropriate to enable us to make this decision.
Decisions on the use of exemptions, including consideration of the public interest test, will be reached through discussion between the business owner, the local FOI contact and the central team.
Charging
SE will not charge for fulfilling requests for information which is not in a publication scheme, but reserves the right to invoke the provisions relating to excessive cost of compliance.
Refusal on the grounds of excessive costs
When a FOISA request is received where we estimate that it will cost over £600 to retrieve and supply the information, we will, wherever possible, attempt to narrow the scope of the request and provide what we can within the threshold rather than refusing it outright.
Requests for environmental information
Access to environmental information is governed by separate regulations, known as the Environmental Information (Scotland) Regulations 2004 (EIRs). We will only treat such requests differently when the regulations require us to do so. These circumstances are:
- The need to include oral requests for environmental information in the formal process
- The application of the exemptions/exceptions which are different in FOISA and EIRs
- The handling of complex or voluminous requests, as there is no cost ceiling under EIRs
The Central FOI team will be involved in considering all requests for environmental information which are sensitive, complex or voluminous.
Charges for Environmental Information
We do not charge for the time to determine whether we hold the information requested, or for the time it takes to decide whether the information can be released. Charges may be made for locating, retrieving and providing information to you.
In the event that the cost of providing the information is substantial, e.g. where costs will exceed £600, applicants will be notified of the cost and how it has been calculated. The information will be provided on payment of the charge. If the applicant decides not to proceed with the request there will be no charge incurred.
Retrieval of deleted electronic information
The Scottish Information Commissioner has ruled that information will not be deemed to be 'held' by a public authority if it has been deleted from an IT system and can only be retrieved by an IT specialist. Within SE retrieval of such documents (other than any sent to a waste or recycle bin which has not been emptied) can only be done through a complete system restore. Our policy is that restores will not be carried out to retrieve information in response to an FOI request.
Freedom of Information Policy (PDF, 96kB)