diff options
| -rw-r--r-- | todo.txt | 60 |
1 files changed, 5 insertions, 55 deletions
@@ -14,65 +14,20 @@ Public interest test ==================== Go through - waiting_response_very_overdue - waiting_response_overdue - date_response_required_by - the overdue email -and tighten wording - - Make sure it is clear when clarification was included + ./views/request/_followup.rhtml + ./controllers/request_controller.rb - make it so it uses right date display + +Do tests Check display for schools Strip "normally" for Scotland -Update FAQ (in #quickly_response simple version, #days full details) - - Talk about 40 day being upper limit under various guidances / laws - - Note that as well as Scottish act, the opposition Labour/Conservative - also opposed public interest extension - - Split #quickly_response into a 20 day and 40 day link? - Send email at 40 days models/request_mailer.rb self.alert_overdue_requests models/request_mailer.rb overdue_alert ./models/user_info_request_sent_alert.rb - add very_overdue_1 -Table 12 here apparently justifies "delayed" wording - http://www.justice.gov.uk/publications/freedomofinformationquarterly.htm - -The ICO's "Good Practice Guide 4" - Whilst the current version of the Section 45 Code of Practice makes no - reference to consideration of the public interest, our view is that public - authorities should aim to respond fully to all requests within 20 working days. - In cases where the public interest considerations are exceptionally complex it - may be reasonable to take longer but, in our view, in no case should the total - time exceed 40 working days. - Where any additional time beyond the initial 20 working days is required to - consider the public interest, the public authority must still serve a “refusal - notice” under section 17 of FOIA within 20 working days of a request even in - those cases where it is relying on a qualified exemption and has not yet - completed the public interest test. That notice must state the exemption(s) - being relied on and, if not apparent, why. The notice must include an - estimate of the time by which this decision will be made. If the final decision - is to withhold the information requested, a second notice must then be issued - providing the reasons for the decision on the public interest. No further notice - is required if the final decision is to disclose the information. -http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/foi_good_practice_guidance_4.pdf - -"add something to our help section on this that says that late shouldn't be -read as meaning "breaking the law": there are circumstances in which they can -legally take extra time, but the overriding test is still "promptly" so they -might be acceptably late or they might be unacceptably late, but that's a -subjective test we can't make." - -However, I do agree with the argument that if authorities didn't have -a longer period for the PIT then that would almost certainly lead to -information being withheld that might otherwise be released. Under -correct usage, this extension should only ever be triggered where a -body has decided that information falls under one of the exemptions -that would preclude disclosure, and this extra time is solely for -deciding whether or not the public interest outweighs that. So if (and -only if) a body has done the first part correctly, I don't think we -want to discourage them from taking time to properly decide whether or -not they can release the information after all. + Environmental Information Regulations allow for an extension but not an indefinite extension: @@ -83,11 +38,6 @@ complexity and volume of the information requested means that it is impracticable either to comply with the request within the earlier period or to make a decision to refuse to do so." -Public interest test -"The Scottish Act requires public authorities claiming an exemption to exercise -the public-interest test, where applicable, within the 20 working day response -period. The UK Act does not give a time limit." - There is something in Scottish act about Keeper of Records too that can create extension, not sure what that is. |