FREEDOM OF INFORMATION

National Portrait Gallery
Freedom of Information Act 2000
National Portrait Gallery Publication Scheme
Procedure for making requests for information about the Gallery
Costs and fees
Exempt Information
Copyright
Complaints and appeals
Publication Scheme: table of published information

National Portrait Gallery

The National Portrait Gallery was founded in 1856 to collect and display portraits of eminent British men and women and since 1896 the collection has been housed at St Martin's Place.

The Gallery is a Non-Departmental Public Body of the Department for Culture, Media and Sport. It has a Board of 16 Trustees who meet quarterly. The corporate status of the Trustees was established under the terms of the Museums and Galleries Act 1992. This act superseded the Treasury Minute of 2 December 1856 by which the Gallery was originally established. The Gallery is registered as an exempt charity under the provisions of the Charities Act 1993.

The aims of the National Portrait Gallery are

• To promote through the medium of portraits the appreciation and understanding of the men and women who have made and are making British history and culture.
• To promote the appreciation and understanding of portraiture in all media.

These aims embody a commitment to openness, which is reflected in the Gallery's objectives, specifically:

• The documentation of British portraiture through an archive of photographs, reproductions and relevant reference material and promoting research by students and others.
• The effective display and interpretation of the collection, both at the Gallery and at other locations across the country.
• The provision of access to the national collection of portraits for all sections of the population and visitors from abroad and of the facilities necessary for visitors' enjoyment of the Gallery.

Freedom of Information Act 2000

The Freedom of Information Act 2000 received Royal Assent on 30 November 2000. It gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right, and places a number of obligations on public authorities to disclose information subject to those exemptions. The Act came into force on 1 January 2005.

Under the terms of the Act, anyone can request information from a public authority, although the request must made be in writing (letter or e-mail) and they have the right:

• to be told whether the information exists
• to receive the information within twenty working days, where possible in the manner requested

In some cases, where information is exempt from disclosure, the Gallery will apply a 'public interest test' - i.e. it will consider whether the public interest in maintaining the exemption in question outweighs the public interest in disclosure.

More information about people's rights under the Freedom of Information Act can be found on the website of the Department for Constitutional Affairs: www.dca.gov.uk/foi/faqs.htm

National Portrait Gallery Publication Scheme

The Freedom of Information Act encourages public authorities to be proactive in making information available and requires them to issue a public statement that gives details of all the information that is made available. Section 19 of the Act requires public authorities to adopt and maintain a publication scheme, to publish information in accordance with its scheme, and, from time to time, to review its publication scheme.

The publication scheme sets out:

• The classes of information that the public authority publishes or intends to publish
• The manner in which information of each class is or will be published
• Whether the material is available to the public free of charge or on payment

The Gallery is committed to publishing a wide range of information that may be of interest to the general public, researchers and other specialised audiences. Its publication scheme was published in November 2002 and explains what information the Gallery makes available to the public and, wherever possible, provides an easy method of accessing it. The scheme is reviewed, amended and updated periodically to include further published information.

The publication scheme is available electronically via the Gallery's website and also in hard copy from the Heinz Archive & Library (tel: 020 7306 0055 extension 257; e-mail: archiveenquiry@npg.org.uk).

The publication scheme arranges information that the Gallery publishes, or plans to publish, into classes, reflecting different areas of interest:

• Collections information (including information relating to archival and research resources)
• Public services information
• Corporate information relating to the organisation and management of the Gallery

The information listed is made available in an electronic format and/or as a hard copy. Electronic information is available via a hypertext link from the publication scheme which will direct you to the correct page on the Gallery's website, or will be e-mailed to you on request as indicated in the scheme. This information can be downloaded free of charge. Information in hard copy is available on request in writing from the department specified in the publication scheme. There may be charges for some materials (e.g. published catalogues), and fees may be levied as described below.

Procedure for making requests for information about the Gallery

The publication scheme lists categories of information that are already available to the public, via the Gallery's website, published in hard copy form, or accessible for consultation in the public study room of the Heinz Archive & Library. Requests for information not listed in the publication scheme should be made in writing (letter or e-mail) to the Heinz Archive & Library, and should provide as much detail as possible to enable Gallery staff to identify the information that is required. Information will usually be supplied in the form of a photocopy or e-mail attachment within twenty working days of the receipt of a request. If you have difficulty in identifying the precise information you require Gallery staff will be pleased to help.

Please write to the Heinz Archive & Library, National Portrait Gallery, St Martin's Place, London WC2H 0HE or e-mail to archiveenquiry@npg.org.uk.

The Gallery aims to respond to requests within twenty working days. The Act enables the Gallery to charge a fee in relation to requests for information.

Costs and fees

Most of the information listed in the publications scheme is free of charge and available on the Gallery's website or on request as detailed in the scheme.

Some material listed in the scheme is for sale, including Gallery catalogues and CD-ROMs. This material may also be available in copyright, public or university libraries.

Requests for information not listed in the publication scheme may be subject to charges. The provisions of the Act do not require public authorities to comply with expensive requests. The Gallery will not therefore respond to an FOI request if it would cost more than £450 to identify, locate, retrieve and process the information requested. In such cases, the Gallery will offer requestors the opportunity to refine their requests.

No standard fee may be charged for requests that cost less than £450, however the Gallery will charge for the full cost of disbursements where the costs of photocopying and/or printing exceed £5 excluding postage and VAT.

Exempt Information

Some information produced by the Gallery may be exempt from disclosure under the terms of the Act. Information that contains personal or sensitive data relating to living people is subject to the Data Protection Act. Other information may be withheld if it was provided in confidence, is prohibited from disclosure by law, may affect a court case, or concerns security matters.

Other qualified exemptions may also be allowed under the terms of the Act. These exemptions include categories of information that, if disclosed, might damage UK relations abroad or within the UK, be detrimental to the economy, or prejudice the effective conduct of public affairs. They also include information intended for future publication and information, which, if disclosed, might prejudice commercial interests. In these cases the Gallery will apply a 'public interest test' - i.e. it will consider whether the public interest in maintaining the exemption in question outweighs the public interest in disclosure.

Where this occurs, the Gallery will acknowledge requests within twenty working days but may, in accordance with the Act, need to extend this period for a reasonable length of time in order to complete the 'public interest test'.

Copyright

Information generated by the Gallery and included in the publication scheme or supplied in response to a request is subject to copyright and may be reproduced for information and personal study only. For permission to reproduce images and details of fees please contact the Picture Library, National Portrait Gallery, St Martin's Place, London WC2H OHE or e-mail picturelibrary@npg.org.uk.

Permission to reproduce information included in the publication scheme or supplied in response to a request does not extend to any material that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned. Where data protection concerns do not allow us to disclose copyright holders' details, we will make every effort to put enquirers in contact with right holders whilst also maintaining confidentiality.

Complaints and appeals

If you are dissatisfied with the response you have had from the Gallery in respect of a request for information you may invoke the appeals and complaints procedure under the terms of the Act. The first step is to seek an internal review of the decision you have received. Requests for internal review should be submitted in writing to the Head of Archive & Library, National Portrait Gallery, St Martin's Place, London WC2H 0HE or e-mail archiveenquiry@npg.org.uk

If you are dissatisfied with the outcome or the handling of the internal review conducted by the Gallery you may seek an independent review from the Information Commissioner under the Freedom of Information Act. Requests for review by the Information Commissioner should be made in writing to: The Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

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All images and text are subject to copyright protection. 20 November 2008