Third party guidance
We have compiled a list of the most frequently asked questions by third partied, when SEPA is handling a request for information. However, if you still need help to answer a query please contact the Access to Information team direct.
When SEPA receives a request under FOISA or EIRs where we hold information supplied by a third party, we request feedback in relation to release of the information. The third party is consulted in relation to release of their information.
It is SEPA's responsibility to make the final release decision on a document by document basis. SEPA must apply a presumption in favour of disclosure for all requests. This is in accordance with the guidance in the Scottish Ministers' Section 60 Code of Practice.
SEPA handles all enquiries in line with the legislation. Enquiries are handled in an applicant blind manner.
SEPA are required to respond within a statutory timeframe. If the third party fails to provide feedback, we will make a final release decision.
The legislation permits SEPA to withhold information. Further guidance can be viewed on the Scottish Information Commissioner's website.
The third party should demonstrate the impact or substantial prejudice should the information be released.
SEPA's response will state how many documents have been withheld under each exception and apply the public interest test where necessary.
Guidance relating to the public interest test for FOISA and EIRs can be found on the Scottish Information Commissioner's website.
If there are contact details within the released information, such as email addresses, these will be released in response to a request.
We ensure that personal data is handled correctly in line with the Data Protection Act 1998.
A redacted response will be made available via SEPA's disclosure log.