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Hafan

Current position

This module is about how well a public authority is currently performing in their application of section 12. It provides an opportunity to reflect on how often the application of section 12 is upheld internally within a public authority and by the ICO.

When assessing your public authority as good, adequate or unsatisfactory against the criteria, it is important that you take a proportionate approach based on your individual organisation. You should take into account all relevant factors, including the number of requests you receive and your organisational structure. It is up to you to record your rating and provide rationale for this when building an action plan.

Criteria

Good:

  • An internal quality check upholds the majority of applications of section 12.
  • An internal review upholds the majority of applications of section 12.
  • The majority of applications of section 12 do not rely on it being cited for the first time during the Commissioner's investigation.
  • The ICO upholds the majority of applications of section 12.

Adequate:

  • An internal quality check generally upholds applications of section 12.
  • An internal review generally upholds applications of section 12.
  • Applications of section 12 do not generally rely on it being claimed for the first time during the Commissioner's investigation.
  • The ICO generally upholds applications of section 12.

Unsatisfactory:

  • An internal quality check rarely upholds applications of section 12.
  • An internal review rarely upholds applications of section 12.
  • Applications of section 12 usually rely on it being claimed for the first time during the Commissioner's investigation.
  • The ICO rarely upholds applications of section 12.
1. The extent to which an internal quality check upholds application of section 12 is:
More information

This is only applicable where section 12 is initially applied by an individual or business area and then checked by an appropriate person or central FOI team conducting a quality check. The purpose of the question is to measure whether the organisation applies the legislation correctly first time. If there is no internal quality check, select 'adequate'.

2. The extent to which an internal review upholds the application of section 12 is:
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It is best practice to have an internal review procedure, but not a statutory obligation. If there is no internal review procedure, select 'adequate'.

3. The extent to which section 12 is first cited during the Commissioner's investigation is:
More information

While late claims can be considered, we will expect the public authority to explain why it was only cited during the course of the Commissioner's investigation and to provide full supporting evidence of its application of section 12.

4. The extent to which the ICO upholds the application of section 12 is:
More information

Consider why the Commissioner does or does not uphold section 12 complaints and apply any learning points to future handling of requests.