Transcript Presentation prepared by Legal Services Team

Information Legislation and
BU Committees
Policy and Committees (Student
and Academic Services) and
Legal Services
July 2011
Introduction
• Under the terms of the Data Protection Act 1998,
the Freedom of Information Act 2000, and the
Environmental Information Regulations
individuals have legal rights in regard to
obtaining information held by the University.
• The legislation also brings with it certain legal
responsibilities and expectations in terms of the
publication of information and the protection and
processing of personal data.
Warning
• The seriousness of breaching information
legislation cannot be underestimated, and there
are reputational and financial consequences,
including fines.
• If in doubt: err on the side of caution and
ASK.
Routine Publication of Committee
Documentation at BU
• As detailed within the terms of
reference of each committee.
Exempt Committees
• Rationale: the likely content of the exempt
committees relates to individuals and third
parties.
• The principles of good document and records
management in terms of information legislation
should still be applied and all committee
documentation is available on request (exempt
information would be removed).
Agendas
• Is there reserved business (a meeting with
students present where there will be discussion
of individual students or
appointment/employment of individual staff?):
– Yes: list reserved business at the end of the
agenda.
– No: prepare agenda as normal.
Papers
• Using the committees paper cover
sheet each paper should indicate if
there are any restrictions on who
should see the paper.
• Papers are not routinely published (apart
from for Senate).
• If an information request is made they will
be considered on an individual basis.
Minutes
• There may be different versions
depending on the audience.
• Name clearly and save accordingly
(ensuring appropriate access).
Confirmation of Minutes
• Minutes are confirmed at the next meeting.
• The Chair is responsible for deciding the status of
information (with guidance from the Clerk/Secretary).
• Where confirmed non-confidential minutes are
routinely published, upon confirmation of the minutes,
the Chair should make the following statement “In line
with University policy, the confirmed non-confidential
minutes will be made publicly available on the portal”.
• If any member objects to the publication of the confirmed
non-confidential minutes, the Policy and Committees
Manager should be consulted prior to publication (Legal
Services can also advise further).
Publication of Minutes
• Confirmed non-confidential minutes only
as per the terms of reference.
• In PDF format.
• On the appropriate page of the portal
• Contact IT for assistance with the portal.
What is Redaction?
• Redaction means to remove by cutting out.
• Information Commissioner’s Office (ICO)
guidance on best practice:
– Deletions in MS Word can be reversed if a document
is sent electronically so always PDF documents
(using Adobe Acrobat writer).
– Or scan and save as an image file.
– Note: if text is blacked out with marker pen it can
remain legible when photocopied.
How to Redact Information
3.
Project Update
3.1
The Head of Department informed the Committee that the project was
progressing well.
3.2
[Confidential minute] To be used where the whole paragraph is redacted
3.3
The Project Sponsor will provide a report on progress at the next
meeting.
4.
Update on the IT Strategy
4.1
The Head of IT reported that the amount budgeted for new equipment for
academic session 2010/11 is £[confidential minute]. Further information will be
presented at the next meeting of the committee. To be used where small
amounts of text are redacted
What should be Redacted?
• The FOI Publication Scheme allows us to
remove “material that is properly
considered to be private”.
• There are more than twenty exemptions in
the Freedom of Information Act.
• Six exemptions are highlighted in the
University context.
1. Personal Data
• Personal data means information about any
identifiable living individual.
• It includes factual information but also any
expression of opinion about the person and any
indications of the intentions of the University or
anyone else in relation to that person.
• General rule - personal data about staff,
students or third parties should NOT appear in
minutes for publication on the portal. If in doubt
leave it out and seek further advice.
Personal Data - Practical Application
• This does not prevent the minutes from recording a list of
attendees at a meeting or action points of attendees, or
(if necessary) their views provided that it has been made
clear that the minutes will be published to the world.
• “Sensitive personal data” must be handled with caution
and should never appear in minutes, that is information
about an individual’s:
–
–
–
–
–
–
–
–
racial/ethnic origins;
political opinions;
religious beliefs or other beliefs of a similar nature;
trade union membership;
physical/mental health or condition;
sexual life;
commission/alleged commission of an offence; and
proceedings relating to offences/alleged offences.
2. Prejudice to Commercial
Interests
• This exemption applies to information, the release of
which would be detrimental to commercial interests.
• Information is exempt if it constitutes a trade secret or if
disclosure is likely to prejudice the commercial interests
of the University or any other person.
• For example:
– Would it cause the University to pay a higher price for
something?
– Would it damage the University’s bargaining position in current
negotiations?
– There must be a significant risk of harm rather than a remote
possibility.
– The “public interest” test applies.
3. Information Provided in
Confidence
• Was the information provided by a person or
organisation outside the University?
• If yes, redact if:
–
–
–
–
The information is not in the public domain;
The University does not have permission to publish;
The originator has told us that it is confidential; or
A reasonable person would assume that permission
should be obtained before it is made available.
4. Danger to Health and Safety
• Cases are likely to be rare.
• Other universities have applied this to
information about researchers involved in
animal experiments.
5. Legal Professional Privilege
• Entitled to redact:
– Discussion of legal advice provided to the
University.
6. Prejudice to the Effective
Conduct of Public Affairs
• Information is exempt if, in the reasonable opinion of the
Vice-Chancellor, disclosure of the information would or
would be likely to inhibit:
(1) the free and frank provision of advice; or
(2) the free and frank exchange of views for the purpose
of deliberation; or
(3) would otherwise prejudice, or be likely otherwise to
prejudice, the effective conduct of public affairs.
• For (1) and (2) there has to be a real risk of inhibition.
• An example of (3) may include the ability to protect our
IT system from hackers.
• The “public interest” test applies.
Public Interest Test
• For information – information should be redacted from
minutes as per the exemptions above and the public
interest test would be applied by Legal Services should
an information request be received.
• “The public interest test involves considering the
circumstances of each case in relation to the exemption
that covers the information. You must release the
information unless the public interest in maintaining the
exemption outweighs the public interest in releasing it.”
Information Commissioner’s Office
http://www.ico.gov.uk/for_organisations/freedom_of_information/information_request/public_interest_test.aspx
Confidential Status
• Just because information is classified as
confidential does not mean it will always be
regarded as such.
• If the University receives a Freedom of
Information request regarding a particular issue
or a subject access request from an individual
under the Data Protection Act, it may be
required to disclose information in accordance
with statutory obligations.
Document Management Principles
• Retain one final complete record of a committee
meeting (delete all previous drafts/versions).
• Store in an appropriate place in the I drive with a
clear naming convention.
• Keep operational matters separately.
• Adhere to retention schedules.
• Be aware that notes (even post-it notes), emails,
etc. relating to a topic can be subject to an FOI
request.
Resources
• BU Freedom of Information website
http://www.bournemouth.ac.uk/about/policies/freedom_of_information_act.html
• Information Commissioner’s Office
http://www.ico.gov.uk/
• BU Committee Guidance 2010/11
http://portal.bournemouth.ac.uk/C17/C2/Guidance%20and%20Information/default.aspx
Contacts
Legal Services:
• Michelle Goodbody (Legal Services Support
Officer)
Committee queries (Policy and Committees,
Student and Academic Services):
• To be confirmed (Policy and Committees
Manager)
• Geoff Rayment (Committee Clerk)