The Freedom of Information Act 2000 gives right of access to all types of recorded information held by public bodies, sets out exemptions from that right and places a number of obligations on public bodies. Any person who makes a request to a public body for information must be informed whether the public body holds that information and, subject to exemptions, supplied with that information. Exemptions include commercially sensitive information and personal information. The Freedom of Information Act gives applicants the right to request information held by public bodies but it does not provide a right of access to personal information about you. If you wish to request personal data this should be handled as a Subject Access Request under the Data Protection Act. Some data about others may be available; however it must not contravene any of the data protection principles of the Data Protection Act. Further information about the Freedom of Information Act is available from the Information Commissioner’s Office at http://www.ico.gov.uk/
The Office of the Police and Crime Commissioner North Wales is committed to routinely publish all information made available under the Freedom of Information Act.
Model Publication Scheme
This model publication scheme has been prepared and approved by the Information Commissioner. It may be adopted without modification by any public authority without formal approval and will be valid until further notice.
This publication scheme commits an authority to make information available to the public as part of its normal business activities. The information covered is included in the classes of information mentioned below, where this information is held by the authority and subject to legitimate charges and relevant exemptions.
Additional assistance is provided to the definition of these classes in sector specific guidance manuals issued by the Information Commissioner.
The Scheme commits an authority:-
To proactively publish or otherwise make available as a matter of routine, information, including environmental information, which is held by the authority and falls within the classifications below;
To specify the information which is held by the authority and falls within the classifications below;
To proactively publish or otherwise make available as a matter of routine, information in line with the statements contained within this scheme;
To produce and publish the methods by which the specific information is made routinely available so that it can be easily identified and accessed by members of the public;
To review and update on a regular basis the information the authority makes available under this scheme;
To produce a schedule of any fees charged for access to information which is made proactively available;
To make this publication scheme available to the public.
Classes of Information
Organisational information, locations and contacts, constitutional and legal governance
Financial information relating to projected and actual invoice and expenditure, tendering, procurement and contracts
What our priorities are and how we are doing
Strategy and performance information, plans, assessments, inspections and reviews
Policy proposals and decisions, decision making processes, internal criteria and procedures, consultations
Current written protocols for delivering our functions and responsibilities
Information held in registers required by law and other lists and registers relating to the functions of the authority
Advice and guidance, booklets and leaflets, transactions and media releases. A description of the services offered.
The classes of information will not generally include:
Information the disclosure of which is prevented by law, or exempt under the Freedom of Information Act, or is otherwise properly considered to be protected from disclosure
Information in draft form
Information that is no longer readily available as it is contained in files that have been in archive storage or is difficult for similar reasons
The method by which information published under this scheme will be made available
The authority will indicate clearly to the public what information is covered by this scheme and how it can be obtained.
Where it is within the capability of a public authority, information will be provided on a website. Where is impracticable to make information available on a website or when an individual does not wish to access the information by the website, a public authority will indicate how information can be obtained by other means and provide it by those means.
In exceptional circumstances some information may be available only by viewing in person. Where this manner is specified, contact details will be provided. An appointment to view the information will be arranged within a reasonable timescale.
Information will be provided in the language in which it is held or in such other language that is legally required. Where an authority is legally required to translate any information, it will do so.
Obligations under disability and discrimination legislation and any other legislation to provide information in other forms and formats will be adhered to when providing information in accordance with this scheme.
Charges which may be made for information published under this scheme
The purpose of this scheme it to make the maximum amount of information readily available at minimum inconvenience and cost to the public. Charges made by the authority for routinely published information will be justified and transparent and kept to a minimum.
Schedule of Charges
Free of charge on website:
There is no charge made by us, although the user will, of course, have to meet any charges made by their internet service provider and/or telephone company as well as any personal costs for printing, photocopying etc.
For those without access to the internet, we will provide a single printout of an individual publication, as shown on the website, free of charge from the above contact address.
Chargeable on website:
Requests for multiple copies of publications or multiple printouts from our website or for copies of archived material no longer available on the website will attract a charge. The cost will be 15p per sheet plus postage. We will let you know the cost when we receive your request. The charge will be payable in advance.
Free of charge hard copy:
Indicates booklets, leaflets or periodical which are published by the Office of Police and Crime Commissioner without charge
Chargeable hard copy:
Indicates a bound paper copy, compact disc or other produce charged as shown in our publication list.
Where a charge applies, the cost and the reasons for levying such a charge will be made know to you. Any charge will be payable in advance.
The chief executive of the Office of Police and Crime Commissioner North Wales has overall responsibility for our Publication Scheme. The person responsible for maintaining and managing the Publication Scheme is the:
Office of Police and Crime Commissioner
Glan y Don
Colwyn Bay LL29 8AW
Telephone Number: 01492 805486
Fax: 01492 805489
Complaints and Comments
If you think we have not supplied information in accordance with our scheme, then you should write, in the first instance, to the chief executive. We will aim to deal with your complaint within 10 working days. If you are dissatisfied with the response you can ask for the matter to be internally reviewed. Internal reviews will be completed promptly and a response given to you within 20 working days of your further request.
If, after the internal review, you remain dissatisfied then you can complain to the Information Commissioner.
Different bodies might own the copyright of material contained in our scheme.
North Wales OPCC Copyright
For material where we own the copyright, it can be reproduced free of charge in any format or medium for research, private study or for internal circulation within an organisation. This is subject to the material being reproduced accurately and not being used in a misleading context. Where material is being republished or copied to others, the source of the material must be identified and our copyright acknowledged. The North Wales OPCC’s logo is also copyrighted and may not be reproduced other than as it appears on copied material.
Other copyrighted material
Some material we include in our Scheme may be the copyright of a third party. Our rights to hold and use such material do not extend to others. You must obtain authorisation from the copyright holder(s) concerned if you wish to copy or reproduce such material.
The right to access personal information
Information where North Wales OPCC is the Data Controller
Accessing personal data in this way is known as making a 'subject access request'. The GDPR clarifies that the reason for allowing individuals to access their personal data is so that they are aware of and can verify the lawfulness of the processing.
Requests to access information should be made to the Data Controller, please see contact details below.
Data Controller Chief Executive Office of the Police and Crime Commissioner Police Headquarters Glan y Don Colwyn Bay LL29 8AW
We will respond to these requests within one calendar month.
If you consider that a request by you for access to your personal data has not been dealt with properly, you may:
Write to the Data Controller / Chief Executive at the above address seeking resolution of your complaint, or
Write to the Information Commissioner, who is appointed to consider such complaints at the:
Office of the Information Commissioner Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF
The Information Commissioner is empowered to assess whether there has been a failure to comply with GDPR and the 1998 Act. The Commissioner can issue enforcement proceedings if satisfied that there has been a contravention of the data protection principles. The Commissioner can also recommend that you apply to court alleging a failure to comply with the subject access provisions of GDPR and 1998 Act. The court may make an order requiring compliance with those provisions and may also award compensation for any damages you have suffered as well as any associated distress.
Information where North Wales OPCC is not the “Data Controller”
In many cases, it is the Police Force and not the OPCC who hold personal information. The Police National Computer includes information on prosecutions, convictions and cautions. Chief Officers of the Police Forces are the “data controllers” for this information and not North Wales OPCC.
You have the right to be told by a Chief Officer whether any information is held about you on the Police National Computer (PNC) and a right to a copy of that information. The Chief Officer may deny access to this information where the information is held for the prevention or detection of crime or for the apprehension or prosecution of offenders and where release of the information would be likely to be prejudicial to any of these purposes.
Police Forces provide a form to simplify the exercise of your subject access rights to PNC information. In the case of North Wales Police you should contact the:
Data Protection and Information Security Section Police Headquarters Glan-y-Don Colwyn Bay LL29 8AW Telephone: 01492 805125
Or alternatively you could visit the website of the North Wales Police Force www.north-wales.police.uk
Requests under the Environmental Information Regulations
If you wish to make a request for information under the Environmental Information Regulations (EIR), you should write to the local authority for the area in which you reside or the area for which you are seeking the relevant information.