Complaints & Appeals
If you have applied for FOI access or correction
Internal review
If, after 1 July 2004, an organisation decides to refuse you access or correction or decides to charge you a fee, you can apply to the organisation for internal review. Another person within the organisation will review the initial decision.
You should make an application for internal review within 30 days from receiving the initial decision. If you do not, the organisation can refuse to review the decision and it will be taken to have confirmed the decision.
Complaint to Commissioner
If you are not satisfied with the internal review decision, you can complain to the Information Commissioner. You should complain within 90 days of receiving the internal review decision from the organisation. If you do not, the Commissioner may refuse to accept your complaint.
A complaint must be made in a form approved by the Commissioner. The approved form for applicant complaints is available here or you can contact us.
What if I don't get a decision in the time allowed?
If an organisation does not notify you of an initial decision on your application for access or correction within the time allowed, it is taken to have refused access or correction. You can then apply for internal review as above.
An organisation usually has 30 days to notify you of its decision from the time a valid application is received (including any application fee payable). This may be extended for a variety of reasons, including transfer of the application, the need to conduct extensive searches, and the need to consult with third parties. The organisation should inform you if the 30 day period is extended.
If an organisation does not notify you of an internal review decision on your application for access or correction within the time allowed (again, usually 30 days), it is taken to have refused access or correction. You can then complain to the Information Commissioner (see above).
If you object to disclosure of information under an FOI application
In some cases, an organisation is required to consult another person, organisation or government before it makes a decision on whether or not to give access to information. Even if you are consulted, and you object to disclosure, the organisation can still decide to disclose the information to an applicant. The organisation will notify you of its decision.
If you have been consulted under s.30, and the organisation has decided to disclose the information, you can complain to the Information Commissioner. You should complain within 30 days of receiving the notice of decision from the organisation.
A complaint should be made in a form approved by the Information Commissioner. The approved form for third party complaints is available here or you can contact us.
Complaints about breaches of privacy
If you are concerned that someone has interfered with the privacy of your personal information, you should contact the organisation first and request that it resolve or rectify your complaint.
For events that have taken place on or after 1 July 2004, if you are not satisfied with the response of the organisation (or you have received no response within a reasonable time), you can complain to the Information Commissioner.
A complaint to the Commissioner must be made within 12 months of becoming aware of the problem (if it is not, the Commissioner may refuse to accept the complaint).
A complaint must be made in a form approved by the Commissioner. The approved form for privacy complaints is available here or you can contact us.
More Information
More information about reviews and appeals can be found under the following headings:
- Internal Review
- Complaints to the Information Commissioner
- Information Commissioner's approach
- Appeal to Supreme Court
- FAQ
Last Updated on
8 July, 2008