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diff --git a/app/views/help/privacy.rhtml b/app/views/help/privacy.rhtml index e7bb4cfca..d62afa45b 100644 --- a/app/views/help/privacy.rhtml +++ b/app/views/help/privacy.rhtml @@ -51,133 +51,133 @@ <a href="http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/name_of_applicant_fop083_v1.pdf">guidance from the Information Commissioner</a> (January 2009). </p> - <p>However, the same guidance also says it is good practice for the public - authority to still consider a request made using an obvious pseudonym. - You should refer to this if a public authority refuses a request because you - used a pseudonym.</p> - - <p>Be careful though, even if the authority follows this good practice, the - pseudonym will probably make it impossible for you to complain to the - Information Commissioner later about the handling of your request. - </p> - - <p>There are several good alternatives to using a pseudonym.</p> - - <ul> - <li>Use a different form of your name. The guidance says - that "Mr Arthur Thomas Roberts" can make a valid request as "Arthur Roberts", - "A. T. Roberts", or "Mr Roberts", but <strong>not</strong> as "Arthur" or "A.T.R.". - </li> - <li>Women may use their maiden name.</li> - <li>In most cases, you may use any name by which you are "widely known and/or - is regularly used". - <li>Use the name of an organisation, the name of a company, the trading name of - a company, or the trading name of a sole trader. - <li>Ask someone else to make the request on your behalf. - <li>You may, if you are really stuck, ask us to make the request on - your behalf. Please <a href="/help/contact">contact us</a> with - a good reason why you cannot make the request yourself and cannot - ask a friend to. We don't have the resources to do this for everyone. - </ul> - - <p>Please do not try to impersonate someone else.</p> - - </dd> - - <dt id="full_address">They've asked for my postal address! <a href="#full_address">#</a> </dt> - - <dd> - <p>If a public authority asks you for your full, physical address, reply to them saying - that section 8.1.b of the FOI Act asks for an "address for correspondence", - and that the email address you are using is sufficient. - </p> - <p> - The Ministry of Justice has <a href="http://www.justice.gov.uk/guidance/foi-procedural-what.htm">guidance - on this</a> – - <em>"As well as hard copy written correspondence, requests that are - transmitted electronically (for example, in emails) are acceptable - ... If a request is received by email and no postal address is given, the email - address should be treated as the return address." - </em> - </p> - <p>As if that isn't enough, the Information Commissioner's - <a href="http://www.ico.gov.uk/upload/documents/library/freedom_of_information/practical_application/foi_hints_for_practitioners_handing_foi_and_eir_requests_2008_final.pdf">Hints for Practitioners</a> say - <em>"Any correspondence could include a request for information. If it is written (this includes e-mail), legible, gives the name of the applicant, an address for reply (which could be electronic), and includes a description of the information required, then it will fall within the scope of the legislation."</em> - </p> - </dd> - - <dt id="postal_answer">No no, they need a postal address to send a paper response! <a href="#postal_answer">#</a> </dt> - - <dd> - <p>If an authority only has a paper copy of the information that you want, - they may ask you for a postal address. To start with, try persuading them - to scan in the documents for you. You can even <a href="http://www.whatdotheyknow.com/request/car_parking_charges_policy_and_a#outgoing-532">offer to gift them a scanner</a>, which in that particular case - embarrassed the authority into finding one they had already.</p> - - <p>If that doesn't work, and you want to provide your postal address privately - in order to receive the documents, mark your request as "They are going to reply by post", and it will - give you an email address to use for that purpose.</p> - </dd> - - <dt id="delete_requests">Can you delete my requests, or alter my name? <a href="#delete_requests">#</a> </dt> - - <dd> - - <p>WhatDoTheyKnow is a permanent, public archive of Freedom of - Information requests. Even though you may not find the response to - a request useful any more, it may be of interest to others. For this - reason, we will not delete requests. - </p> - - <p>Under exceptional circumstances we may remove or change your name - on the website, <a href="#takedown">see the next question</a>. - Similarly, we may also remove other personal information. - </p> - - <p>If you're worried about this before you make your request, - see the section on <a href="#real_name">pseudonyms</a>.</p> - - </dd> - - <dt id="takedown">Can you take down personal information about me? <a href="#takedown">#</a> </dt> - - <dd> - - <p>If you see any personal information about you on the site which you'd like - us to remove or hide, then please <a href="/help/contact">let us know</a>. - Specify exactly what information you believe to be problematic and why, and - where it appears on the site.</p> - - <p>If it is sensitive personal information that has been accidentally - posted, then we will usually remove it. Normally we will only consider - requests to remove personal information which come from the individual - concerned, but for sensitive information we would appreciate anyone - pointing out anything they see.</p> - - <p>We consider that there is a strong public interest in - retaining the names of officers or servants of public authorities. We will only - remove such names in exceptional circumstances, such as where the disclosure of - a name and position of employment would substantially risk an individual's - safety. If you are such an official and you wish to have your name removed for - such an urgent reason, you must supply us with a request to do so from your - line manager. This request must demonstrate that a risk has been perceived - which outweighs the public interest, and must demonstrate that efforts have - been made to conceal the name on the organisation's own website.</p> - - <p>For all other requests we apply a public interest test to decide - whether information should be removed. - <a href="http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=3190650"> Section 32</a> - of the Data Protection Act 1998 permits us to do this, as the material we - publish is journalistic. We cannot easily edit many types of attachments (such - as PDFs, or Microsoft Word or Excel files), so we will usually ask - that authorities resend these with the personal information removed.</p> - - </dd> - - - </dl> - - <p><strong>Learn more</strong> from the help for <a href="/help/officers">FOI officers</a> --> +<p>However, the same guidance also says it is good practice for the public +authority to still consider a request made using an obvious pseudonym. +You should refer to this if a public authority refuses a request because you +used a pseudonym.</p> + +<p>Be careful though, even if the authority follows this good practice, the +pseudonym will probably make it impossible for you to complain to the +Information Commissioner later about the handling of your request. +</p> + +<p>There are several good alternatives to using a pseudonym.</p> + +<ul> +<li>Use a different form of your name. The guidance says +that "Mr Arthur Thomas Roberts" can make a valid request as "Arthur Roberts", +"A. T. Roberts", or "Mr Roberts", but <strong>not</strong> as "Arthur" or "A.T.R.". +</li> +<li>Women may use their maiden name.</li> +<li>In most cases, you may use any name by which you are "widely known and/or +is regularly used". +<li>Use the name of an organisation, the name of a company, the trading name of +a company, or the trading name of a sole trader. +<li>Ask someone else to make the request on your behalf. +<li>You may, if you are really stuck, ask us to make the request on +your behalf. Please <a href="/help/contact">contact us</a> with +a good reason why you cannot make the request yourself and cannot +ask a friend to. We don't have the resources to do this for everyone. +</ul> + +<p>Please do not try to impersonate someone else.</p> + +</dd> + +<dt id="full_address">They've asked for my postal address! <a href="#full_address">#</a> </dt> + +<dd> +<p>If a public authority asks you for your full, physical address, reply to them saying +that section 8.1.b of the FOI Act asks for an "address for correspondence", +and that the email address you are using is sufficient. +</p> +<p> +The Ministry of Justice has <a href="http://www.justice.gov.uk/guidance/foi-procedural-what.htm">guidance +on this</a> – +<em>"As well as hard copy written correspondence, requests that are +transmitted electronically (for example, in emails) are acceptable +... If a request is received by email and no postal address is given, the email +address should be treated as the return address." +</em> +</p> +<p>As if that isn't enough, the Information Commissioner's +<a href="http://www.ico.gov.uk/upload/documents/library/freedom_of_information/practical_application/foi_hints_for_practitioners_handing_foi_and_eir_requests_2008_final.pdf">Hints for Practitioners</a> say +<em>"Any correspondence could include a request for information. If it is written (this includes e-mail), legible, gives the name of the applicant, an address for reply (which could be electronic), and includes a description of the information required, then it will fall within the scope of the legislation."</em> +</p> +</dd> + +<dt id="postal_answer">No no, they need a postal address to send a paper response! <a href="#postal_answer">#</a> </dt> + +<dd> +<p>If an authority only has a paper copy of the information that you want, +they may ask you for a postal address. To start with, try persuading them +to scan in the documents for you. You can even <a href="http://www.whatdotheyknow.com/request/car_parking_charges_policy_and_a#outgoing-532">offer to gift them a scanner</a>, which in that particular case +embarrassed the authority into finding one they had already.</p> + +<p>If that doesn't work, and you want to provide your postal address privately +in order to receive the documents, mark your request as "They are going to reply by post", and it will +give you an email address to use for that purpose.</p> +</dd> + +<dt id="delete_requests">Can you delete my requests, or alter my name? <a href="#delete_requests">#</a> </dt> + +<dd> + +<p><%= site_name %> is a permanent, public archive of Freedom of +Information requests. Even though you may not find the response to +a request useful any more, it may be of interest to others. For this +reason, we will not delete requests. +</p> + +<p>Under exceptional circumstances we may remove or change your name +on the website, <a href="#takedown">see the next question</a>. +Similarly, we may also remove other personal information. +</p> + +<p>If you're worried about this before you make your request, +see the section on <a href="#real_name">pseudonyms</a>.</p> + +</dd> + +<dt id="takedown">Can you take down personal information about me? <a href="#takedown">#</a> </dt> + +<dd> + +<p>If you see any personal information about you on the site which you'd like +us to remove or hide, then please <a href="/help/contact">let us know</a>. +Specify exactly what information you believe to be problematic and why, and +where it appears on the site.</p> + +<p>If it is sensitive personal information that has been accidentally +posted, then we will usually remove it. Normally we will only consider +requests to remove personal information which come from the individual +concerned, but for sensitive information we would appreciate anyone +pointing out anything they see.</p> + +<p>We consider that there is a strong public interest in +retaining the names of officers or servants of public authorities. We will only +remove such names in exceptional circumstances, such as where the disclosure of +a name and position of employment would substantially risk an individual's +safety. If you are such an official and you wish to have your name removed for +such an urgent reason, you must supply us with a request to do so from your +line manager. This request must demonstrate that a risk has been perceived +which outweighs the public interest, and must demonstrate that efforts have +been made to conceal the name on the organisation's own website.</p> + +<p>For all other requests we apply a public interest test to decide +whether information should be removed. +<a href="http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=3190650"> Section 32</a> +of the Data Protection Act 1998 permits us to do this, as the material we +publish is journalistic. We cannot easily edit many types of attachments (such +as PDFs, or Microsoft Word or Excel files), so we will usually ask +that authorities resend these with the personal information removed.</p> + +</dd> + + +</dl> + +<p><strong>Learn more</strong> from the help for <a href="/help/officers">FOI officers</a> --> <div id="hash_link_padding"></div> </div> |