During an investigation and any subsequent hearing, it is important to ensure that information and evidence that has been gathered, is kept confidential in order to protect the integrity of the process. With that in mind, the access to certain information will be restricted.
Subject access requests
The Data Protection Act 2018 and UK GDPR entitles individuals (both members of the public and employees) to access personal data held about them by Devon County Council. These requests are referred to as subject access requests.
There are certain circumstances where the Council can legitimately withhold personal information, if one of the exemptions within the Data Protection Act applies.
Information which has been obtained during an investigation under these arrangements is likely to be exempt under the Act as it is likely that disclosure would prejudice the prevention and detection of crime or prejudice certain regulatory functions (or both).
Therefore, if a subject access request is made during an investigation, relating to information relevant to the investigation, it is unlikely that it will be granted.
The final decision will be made by the monitoring officer in consultation with the Council’s Information Governance Team and if necessary, the Data Protection Officer.
Freedom of information requests
The Freedom of Information Act 2000 places a statutory requirement on Devon County Council to provide information to the public.
Any individual has a right to request information held by the Council, regardless of where they reside. This right also extends to employees, pressure groups, businesses, politicians and members of the press.
There are certain circumstances where information is exempt from disclosure. Information which has been obtained during an investigation under these arrangements is likely to be exempt as it is likely that the information is being held for the purposes of a criminal investigation; is or has been held for criminal proceedings conducted by a public authority; or was obtained or recorded for various investigative functions and relates to the obtaining of information from confidential sources.
The information described is exempt only where the public authority has a duty, or the power, to carry out investigations. The Council does have a duty and/or power to carry out an investigation in accordance with the Localism Act 2011, therefore, if a freedom of information request is made during an investigation, relating to information relevant to the investigation, it is unlikely that it will be granted.
The final decision will be made by the monitoring Officer in consultation with the Access to Information Team of the Council.