Introduction
This document explains the different request types the Care Inspectorate’s (CI) Information Governance (IG) team process. It also details what the IG team do when we receive an information request, and what you should expect as the requestor.
Types of requests
The IG Team handle a variety of different request types.
Freedom of Information
Under the Freedom of Information (Scotland) Act 2002 (FOISA) a person has the right to ask for recorded information that is held by the Care Inspectorate. The Act was passed to make Scottish authorities more accountable and transparent. The Office of the Scottish Information Commissioner has produced guidance advising when, how and why you may wish to use this type of request and also provides best practice that will help you get the most out of your request.
It is important to note that information released under FOISA effectively becomes public information. Information will only be released to you if it meets certain conditions and is not subject to an exemption. For example, where the information is already accessible by other means and FOISA is not required, such as; where the information is already published on the CI website or if it would not be the appropriate lawful process for seeking information, where you have asked for your own personal information for example and instead a “Subject Access Request” should be submitted.
You can request information under FOISA using our online form, but you can also make your request in writing or by another medium where the content can be kept by the Care Inspectorate for future reference: We will accept requests by email, letter, fax, audio or video tape. If you require assistance, then you may appoint someone to seek the information on your behalf such as an advocate. My Gov Scotland’s website may assist in finding a suitable advocacy service that can help you in this regard.
If you wish to email us, please do so at This email address is being protected from spambots. You need JavaScript enabled to view it.. If you wish to write to us you can do so at:
- Information Governance Team
- Compass House
- 11 Riverside Drive
- Dundee
- DD1 4NY
Under FOISA you must ensure that you:
- provide your request in writing or in another recorded form which can be used for future reference;
- provide your full name and address in order to reply;
- describe the information you require.
Environmental Information
The EIRs come from a European Directive on access to environmental information. Under the Environmental Information (Scotland) Regulations 2004 a person has the right to ask for environmental information held by the Care Inspectorate. This would cover requests about the buildings, water, waste, recycling, cars, parking etc. The Office of the Scottish Information Commissioner has more information regarding EIRs and how to request them, however requests for information under EIRs can be made using our specific tab on our online form, but you can also contact us as detailed above and verbally by telephone. This is a variation from the rules under FOISA.
Data Rights
You have rights regarding your personal information. The UK Information Commissioner’s Office have produced lots of helpful information about these rights on their website.
Under the Data Protection Act 2018 and UK General Data Protection Regulations, people can request copies of personal information held about them. This is called a Subject Access Request (SAR) we may require identification or proof of your right to access information before we can proceed with your request. We will let you know if this is the case.
More information can be found on the UK Information Commissioner’s Office web page about your right of access.
More details about the other rights can be found on our privacy notice and on the UK Information Commissioner’s Office web page at the following links:
- Your right to get your data corrected
- Your right to object to the use of your data
- Your right to get your data deleted
- Your right to limit how organisations use your data
- Your right to data portability
You can request information under the Data Protection Act using our online form, but you can also contact us as detailed above.
Memorandums of Understanding
Some public bodies have Memorandums of Understanding (MOUs) or data sharing agreements with the Care Inspectorate to enable them to request information from us.
There are some made public on our website.
However, if you are another public body wishing to request information from us, we will still require you to identify the requirement you have and confirm your lawful basis for acquiring it under the Data Protection Act 2018. This will enable us to consider whether we can share the requested information and identify whether we have a lawful basis for sharing.
It is also important to consider whether the Care Inspectorate is the primary source of the information you require – we can only share information if we are the data controller.
Public bodies can request information through our online form, and there is a specific option for the routine public authority requests we handle, for example, the Scottish Social Services Council and the Nursing and Midwifery Council.
Police Scotland
Similarly to other public bodies, Police Scotland (and the Crown Office of the Procurator Fiscal) can request information held by the Care Inspectorate in order to assist with their investigations.
Police Scotland can request information through our online form, and there is a specific option for them. The requestor should provide their lawful basis under the Data Protection Act 2018 and confirm if a Certificate of Authenticity will be required.
There may be special arrangements for existing Operations or agreed initiatives which must be followed rather than this process, such as Operation Koper.
Complaint Summaries
Whenever a complaint is investigated and found to be upheld by the Care Inspectorate, some information regarding this is published on our website under the individual service’s name.
However, anyone can request more information regarding an upheld complaint by completing our online form or emailing This email address is being protected from spambots. You need JavaScript enabled to view it.. We will supply a summarised version of the complaint report, ensuring any personal data is removed, to anyone that requests this. These reports provide more information regarding what the complaint was and how we investigated it.
Other
We also handle requests in relation to our Publication Scheme.
Any requests for information made under formal legislation (for example, FOISA) are statutory requests. Any other requests are general enquiries.
Timescales for responding to requests
Requests for information under FOISA and EIRs have a statutory deadline of 20 working days and requests for information under the Data Protection Act 2018 and UK GDPR have a statutory deadline of one month. If, for any reason, we are unable to make the deadline of your request, we will let you know.
There is no statutory deadline for responding to general enquiries, however, the Care Inspectorate aims to respond to these requests within 20 working days.
Processing requests
The IG team utilise a system called “OneTrust” to manage all information requests. Requests for information can be submitted by filling out the online form which is available on our website here. Alternatively, a request can be submitted by emailing This email address is being protected from spambots. You need JavaScript enabled to view it. or writing to us at:
- Information Governance Team
- Compass House
- 11 Riverside Drive
- Dundee
- DD1 4NY
Your request will be given a unique ID number which is used on all correspondence. All requests will be acknowledged, processed, and responded to via the OneTrust platform, unless you have requested otherwise.
If we need any clarification from you, we will get in touch as soon as we can to request this.
Responding to requests
It is the responsibility of the IG team to formally respond to information requests. We will do this via the OneTrust portal, unless it has already been agreed otherwise. If you have a legal right to request a review or appeal, this will be detailed in our response to you.
It is always possible to ask questions regarding our response to you, and you can do so by contacting us via the portal or whichever method you have been using to communicate with us.
There may be times we are required to share our response with other colleagues at the Care Inspectorate, either to ensure we are providing you with an accurate response, or for approval.
Following receipt of a response to you under FOISA or EIRs, you have the right to a review of our response. If you wish to instigate a review then you can do this by submitting a review request. This must be done within 40 working days of receiving the response.
If you remain dissatisfied following a review and with the decision made by the Care Inspectorate in relation to how we dealt with your request for information under FOISA/EIRs, you then have the right to pursue the matter with the Scottish Information Commissioner. This must be carried out within six months of receiving the review. You can contact the Commissioner at:
- The Scottish Information Commissioner
- Kinburn Castle
- Doubledykes Road
- St Andrews
- Fife
- KY16 9DS
Online: OSIC Online Appeals
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: 01334 464610
Should you then wish to appeal against the Commissioner’s decision there is a right of appeal to the Court of Session on a point of law only.
Under data protection law you have rights in relation to your personal data which are outlined in the Care Inspectorates core Privacy Notice published on our website at: http://www.careinspectorate.com/index.php/core-privacy-notice. If you wish to exercise any of these rights please contact our Data Protection officer (DPO) by writing to This email address is being protected from spambots. You need JavaScript enabled to view it..
If you are dissatisfied with a response please let us know so that we can address any concerns that you may have. You may also wish to complain to the UK Information Commissioner’s Office and information on how you do this is available via their website https://ico.org.uk/make-a-complaint/.
Approval
General enquiries are processed and responded to by IG practitioners.
All Subject Access Requests are reviewed and signed off by the Data Protection Officer or deputy officer assigned by the DPO.
Approval for requests under FOISA/EIRs will be determined by the content of the request, response and information proposed for sharing.
Help us to help you
Please make your request as clear as possible and utilise the guidance available to you from the Commissioners about how to formulate your statutory requests.
We are the regulator of care services so most of our data is organised in relation to those entities so please always try and provide the Service Name(s) wherever possible, the time period the request covers and any other details that can help us to speed up our searching and thus speed up our response to you.
ANNEX A - Freedom of Information and EIRs Requests
ANNEX B - Data Subject Requests
ANNEX C - Police Scotland Requests
ANNEX D - Other Public Authority Requests