Transcript Technical Services Information Management

What is Freedom of Information
Allan Graham- Information Compliance Officer
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Session Aim
Explain what is Freedom of Information (FOI)
key features of FOI
what it does
what other legislation it interfaces with
Give you some practical tips on compliance
Answer your questions
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FOI - key features
FOI has been in force since 1st January 2005
FOI is about improving citizens’ access to information
held by organisations that they deal with every day
It gives citizens the right to access all recorded
information held by public authorities:
It does not matter how old the information is
It does not matter what format it is held in
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FOI - key features
General right of access to:
- manual records and computer documents
- e-mails
- plans and photographs
- videos and tape recordings
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FOI - key features
The Public Authority must produce a publication
scheme setting out the classes of information it
routinely publishes
The publication scheme (first line of response) must
specify:
- the classes of information the authority publishes
- how information in each class published/available Internet, Library and/or Offices
- whether there is a payment for the information
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FOI - key features
In particular, the public authority should publish:
- information about the provision of services, including
costs and performance standards
- facts and analysis which have been used to make
decisions of importance to the public
If the information is not available via the scheme it
becomes an FOI request
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FOI - key features
The request must be submitted in a permanent form
(e-mail/letter/FOI/EIR request form)
The public authority has 20 working days to answer
any request for information
The authority does not have to comply if the request
is vexatious (what does this mean!!)
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FOI - key features
An authority is not required to charge for information
but can do so - summary fees regulations:
any request less than £100 - free of charge
any request between £100 and £600 - 10% charge
upper limit set at £600 (therefore maximum recovery
£50)
authorities will not need to respond to requests
exceeding upper cost threshold
maximum charge is £15 per hour
authorities can recover full marginal costs in excess of
£600 - but don’t forget section 15 of the Act
section 15 - advice & assistance to applicants, plus
provide information in most cost effective manner
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FOI - key features
Are there exemptions? - Yes - two categories,
absolute and non-absolute
Absolute - public authority does not need to consider
public interest test (otherwise public interest test
applies)
Absolute exemptions:
- information otherwise accessible
- prohibitions on disclosure
- confidential information obtained from another person
- court records
- disclosure would breach the data protection act
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FOI - key features
The applicant has a right of appeal:
 (1) The public authority (applicant must appeal here
first)
(2) The Scottish Information Commissioner
Act also underpinned by codes of practice:
- section 60 - discharge of functions by public
authorities under The Freedom of Information
(Scotland) Act 2002 (FOISA)
- section 61 - records management
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FOI & E I R (Scotland)
2004 interface
Environmental Information Regulations
(Scotland) 2004
Effective from 1 January 2005 (closely aligned with
FOISA)
Requests can be made orally (but should be
committed to a permanent form)
Access to Information in written, visual, audio taped
or database form on environmental matters
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FOI & E I R (Scotland)
2004 interface
Response within 20 working days (can extend to 40)
Unlike FOI no formal fee structure, but the public
authority can charge a reasonable fee for access
Exemptions fall into two categories:
- “to the extent that certain circumstances exist” and
- “which may cause substantial prejudice”
Same public interest test as FOISA
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Data Protection Act 1998
It applies to “personal data” that is information about
a living individual
It applies to automated information or that held on
filing systems structured by reference to the data
subject
There are more stringent rules for some types of data
known as sensitive data
Those who process personal data are called data
controllers
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Interface FOISA and DPA
– subject access
Where an individual asks for access to personal data
about him or herself the request does not come
under the FOISA.
It is covered by an exemption from the FOISA.
If the authority is sure of the identity of the applicant it
should be treated as an application for subject
access under the DPA
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Interface FOISA and DPA –
third party access requests
Where a third party asks for access to information
about another person it is an access request under
the FOISA.
The information may be withheld if it falls under any
of the FOI exemptions. In particular, consider
exemptions for:
- breach of the data protection act
- health records of those who are deceased
- census information in the last 100 years
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Some practical tips?
Get Chief Executive support/buy in or you are
doomed to failure
Promote FOI as a positive thing:
seize it as opportunity to re-engineer your business
processes and customer relations
put as much information as possible in the public domain
change to a more open and transparent culture (expect
resistance) and don’t forget
if you can’t manage your information you are certainly not
managing your business
Stirling Council don’t charge (not worth the hassle)
but reserve the right to do so
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Some practical tips?
Promote records management (produce policy and
retention schedules) - it could be your salvation
Appoint 4 wise people:
- FOI officer (not some insignificant creature)
- Records Manager (worth their weight in gold)
- Independent appeals officer (someone with real clout
and who knows where the skeletons are buried)
- Adopt a Lawyer (you may need one - a necessary
evil)
Promote awareness (next 4 slides illustrate Stirling
Council’s approach)
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In the words of Winston Churchill:
• I say to the seminar as I said to colleagues, I have
nothing to offer but blood, toil, tears, and sweat.
• You ask, what is our policy? I say it is to wage
compliance on the phone, at the reception desk and
on the Internet.
• You ask, what is our aim?
• I can answer in two words. Total compliance.
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Allan Graham 01786-442926
[email protected]
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