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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 publicauthority 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.
