Complaints about Data Protection and Freedom of Information requests

The Freedom of Information Act, the General Data Protection Regulation (GDPR) and the Environmental Information Regulations provide you with the right of access to information held by Gloucestershire County Council. You have the right to complain about the response you have received regarding your request for information as well as to complain about other breaches of the above legislations.

In this procedure ‘complaint’ refers to an expression of dissatisfaction with Gloucestershire County Council’s compliance with the above legislation or the request for an internal review of the decision to withhold information in response to a request to access recorded information held by Gloucestershire County Council.

Guidance on how to submit an effect request for an internal review can be found on our website at the link below:

How to frame an effective internal review guidance

What can you expect?

• Your complaint will be considered free of charge.
• Your complaint should be acknowledged promptly and within 3 days of receipt of the complaint.
• You should be informed of the target date for determining the complaint.
• Where it is apparent that determination of the complaint will take longer than the target time (for example because of the complexity of the particular case), you should be informed and provided with an explanation of the reason for the delay.
• You should always be informed of the outcome of your complaint within 40 working days of receipt of the complaint. This is a maximum and the council aims to provide responses within 20 working days.
• If an appeal against the decision to withhold information is upheld you will be provided with a statement of:

o The failure to comply.
o The action that will be taken in order to comply.
o The period within which that action is to be taken.

Possible outcomes of complaint

• Information should be disclosed which was previously withheld.
• Procedures have not been properly followed by Gloucestershire County Council staff.
• The initial decision to withhold information is upheld, or is otherwise in Gloucestershire County Council’s favour.

Possible Actions

• The information in question will be disclosed as soon as practicable and you will be informed how soon this will be.
• An apology will be provided. (Appropriate steps should be taken to prevent similar errors occurring in future).
• You will be informed of the decision and told about your right to apply to the Information Commissioner.

Page updated: 11/02/2022 Page updated by: Information Management Service

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