Freedom of information (FOI)

 

Anyone - from anywhere in the world - has a right to see almost any kind of recorded information held by West Lothian Council, however old the information is.  You do not have to say why you want the information or what you want it for and we are obliged to respond to all information requests we receive within 20 working days of receipt.
 

If you would like to make a FOI request, please put this in writing or another recordable format , and send it to:

 

Customer Services, West Lothian Council, West Lothian Civic Centre, Howden South Road, Livingston, West Lothian, EH54 6FF; email: customer.services@westlothian.gov.uk

 

Re-use of Information

Provision of information under access legislation such as the Freedom of Information (Scotland)  Act does not mean that the recipient has an automatic right to re-use that information, for example to publish it, or adapt it in some way.  Most of the information that West Lothian Council provides in response to Freedom of Information requests will be subject to copyright protection and permission to re-use it will be required.  In most cases the copyright will be owned by West Lothian Council.  The copyright on other information may be owned by another person or organisation, as indicated on the information itself. 

Where it is confirmed in writing, you will be free to use any information supplied for your own non-commercial research or private study purposes .  The written permission may also state that the information can be used for any other purpose allowed by a limitation or exception in copyright law, such as news reporting.  There may be further conditions, such as:

  • Any use must be in context and must not be misleading;
  • Any other type of re-use, for example by publishing the information in digital or analogue form, including on the internet, will require the permission of the copyright owner. 

It may be that permission will not be granted, in which case a reason for refusal will be provided. 

If you wish to make an application to re-use information supplied to you, further information can be found on the page about the re-use of information

In all cases you should assume that the re-use of the information is not permitted unless you have been specifically informed that you are allowed to re-use the information.

For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtains their permission. 

 

Appeals

If you have made a request and are unhappy with the response from West Lothian Council or have not had a response, you have the right to request a review by the authority.  Please address any requests for an internal review to:

 

Julie Whitelaw, Chief Solicitor, West Lothian Council, West Lothian Civic Centre, Howden South Road, Livingston, West Lothian, EH54 6FF or email: julie.whitelaw@westlothian.gov.uk

  

Scottish Information Commissioner

If you have already been through the two steps of request and request for review and are still not happy, you can make an appeal to the Scottish Information Commissioner, who can be contacted at:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife KY16 9DS. Telephone: 01334 464610 Fax: 01334 464611; e-mail: enquiries@itspublicknowledge.info

Frequently Asked Questions

Click a question to see the answer.

Are there any restrictions on what I can do with information I get if I make a request under the Freedom of Information Act?

Information provided to you by a Scottish public authority might be subject to copyright protection. You do not have a right to re-use such information in a way that would infringe copyright (for example, by making multiple copies). To re-use the information, you might need to obtain the permission of the copyright owner. An authority should tell you if this applies to any information it provides to you.

Can I do whatever I want with information that I get from the Council?

No. The Council owns the copyright in most of the information it holds.

Can I request personal information held by the Council?

You already have a right of access to personal information which we hold about you under the Data Protection Act 1998. You can request personal information that we hold about other people under the Freedom of Information (Scotland) Act 2002.

Do I have to say why I want information if I make a request under the Freedom of Information Act?

You do not have to tell a Scottish public authority why you want the information that you request.

Does the Freedom of Information (Scotland) Act 2002 only apply to records created from 1st January 2005, when it came into force?

The Freedom of Information Act is fully retrospective, subject to the Public Records Act, and covers all permanent material including CCTV, digital and paper records. You can ask for information from any time period, not just from January 2005, and if we have it we will let you have access to it.

How can I make a request for information?

Your request must be in some sort of permanent form, so that there's a permanent record of it. This could be a letter, e-mail or handwritten note. If you are unable to write or get a friend to write for you, you can send your enquiry on video or audio tape.

How long do authorities have to respond to a request under the Freedom of Information (Scotland) Act 2002?

Under the Freedom of Information (Scotland) Act 2002, we have twenty working days to respond to your request, from receipt of the enquiry.

Is access to personal information covered under the Freedom of Information Act?

Access to personal information is already covered by the Data Protection Act 1998. Under the Data Protection Act, you have the right to access information specifically about you which is held on computer and in some paper files. Data Protection is the responsibility of the UK Information Commissioner, not the Scottish Information Commissioner, who has a responsibility for Freedom of Information in Scotland.

What if English is not my first language and I want the Council to provide information under the Freedom of Information Act?

You can tell us how you would prefer information to be provided when you request it. We will make every effort to meet your needs, by arranging for information to be translated, by providing an interpreter or by making other arrangements for you to obtain information in a way which is acceptable to you. We will not make any additional charge for this service.

What sort of information can I request under the Freedom of Information Act?

You can request any recorded information, in any form and of any age, under the Freedom of Information Act (Scotland) 2002.

Who is responsible for monitoring compliance with the Freedom of Information (Scotland) Act 2002?

The Scottish Information Commissioner (SIC) is responsible for ensuring that all public authorities comply with the Act.

Will I be able to see all relevant information if I make a request for information from the council?

We will always make as much information available as possible. However, there are certain circumstances where the Council is legally permitted to withhold information from you. If we propose to withhold information, we will tell you why. You have the right to appeal about any information which is being withheld from you.

Will I be charged a fee for obtaining information under the Freedom of Information Act?

Most requests for information will be free. However, the Council is allowed to charge a fee for answering some requests for information. If we plan to charge a fee, we will tell you what the fee will be before we provide the information. We will not provide the information until any fee is paid.