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Data Protection

Access to information held by the University

Requests for information should be directed to the University's Legal Services section of Registry.  Any requests received locally should be forwarded promptly, as there are statutory deadlines within which a response must be provided.

There are currently three access regimes laid down by legislation, as follows:

The Data Protection Act 1998

This legislation applies when individuals request access to personal data about themselves (a data subject access request).  Data subject access requests are subject to a fee of £10, and a response will be provided within 40 days of receipt of a written request and the fee.

The Environmental Information Regulations (EIRs) 2004

This legislation applies when information about the environment is requested from public authorities.  Environmental information is widely defined in the Regulations, and includes information on the following:

- the state of the environment, such as air, water, soil, land, flora and fauna

- emissions and discharges, noise, energy, radiation and waste

- measures such as policies, plans and agreements

- the state of human health and safety

There are some exceptions from the duty to disclose environmental information, for example:

- where the request is 'manifestly unreasonable'

- where disclosure would adversely affect commercial interests

- where disclosure would adversely affect the protection of the environment

- where disclosure would adversely affect health and safety

A response will be provided within 20 working days.  Normally the only charge for responding to a request will be a photocopying charge (5p per sheet) where the cost of the photocopying is over £5.

The Freedom of Information Act 2000

Where the information requested is neither personal data about the requester, nor environmental information, the Freedom of Information Act 2000 applies.  The Act provides two mechanisms for placing information held by public authorities in the public domain.  Firstly, the publication scheme lists the classes of information the authority proactively makes public, the way in which information is made public, and any charges imposed.  The University and Coventry University Enterprises Ltd have separate publication schemes.

Secondly, the Act introduces a general right of access to information held by public authorities, subject to certain exemptions.   These exemptions include:

- information likely to prejudice commercial interests

- information likely to prejudice law enforcement

- information likely to prejudice health and safety

- information likely to prejudice the effective conduct of public affairs

- information intended for future publication

- information constituting personal data which is not about the requester

Many of the exemptions are subject to the public interest test and, regardless of whether or not an exemption applies, if the public interest in disclosure outweighs the public interest in withholding the information, disclosure must take place.

A response will be provided within 20 working days.  If the cost in staff time of determining whether or not information requested is held, locating and retrieving it is more than £450 (ie two and a half days charged at a standard rate of £25 per hour), the University is not required to respond, but if it does respond the full cost of staff time will be charged.  Otherwise, the only charge for responding to a request will be a photocopying charge (5p per sheet) where the cost of the photocopying is over £5.

In the case of all three regimes, in the event that a requester is not satisfied with the response he/she may apply to the Information Commissioner after the University's own internal complaints procedure has been exhausted.

26/05/2011 12:30 PM