Awareness raising for managers

FOI: Awareness raising for managers : 

FOI: Awareness raising for managers 2 December 2004 www.sussex.ac.uk/foi Natalie Copeland (Records and Information Manager, Secretariat)

Agenda for today : 

Agenda for today Basic understanding FOI Act and our obligations Q & A’s about the Act Lunch! Your role & FOI procedures Q & A’s about procedures etc FOI: awareness raising for managers

What is the FOI Act? (1 of 2) : 

What is the FOI Act? (1 of 2) NEW Freedom of Information Actfor all public authorities Gives general right of access to information held, regardless of form Protects some information from release FOI: awareness raising for managers

What is the FOI Act? (2 of 2) : 

What is the FOI Act? (2 of 2) FOI: awareness raising for managers

EIR : 

EIR FOI: awareness raising for managers Environmental Information Regulations still in draft form. Broad definition of environmental information state of the environment and factors effecting the environment measures such as policies, legislation state of human health and safety, the food chain, cultural/built structures etc Contact Health and Safety Officer eir@sussex.ac.uk

Our obligations under FOI : 

Our obligations under FOI Duty to assist people who request information Publication Schemehttp://www.sussex.ac.uk/central/ps/ 20 days to respond to written requests for information Complaints procedure FOI: awareness raising for managers

FOI Publication Scheme : 

FOI Publication Scheme FOI: awareness raising for managers A commitment to publish certain information Document setting out classes of information manner of publication Whether a fee applies Find out what the scheme covers http://www.sussex.ac.uk/central/ps/

“Right of Access”(1 of 2) : 

“Right of Access”(1 of 2) FOI: awareness raising for managers the right to be informed whether the University holds the information if so, to have the information communicated

“Right of Access”(2 of 2) : 

“Right of Access”(2 of 2) FOI: awareness raising for managers Subject to Fees (regulations) Cost ceiling Vexatious or repeated requests Further information provided The exemptions

FOI Exemptions : 

FOI Exemptions Absolute exemptions -No right of access under FOI -There may be another means of getting access to information eg Publication Scheme Qualified exemptions -even if the exemption applies, authorities must disclose if it is in the public interest to do so FOI: awareness raising for managers

Public interest test : 

Public interest test understanding issues of the day accountability and transparency(decisions and spending public money) understanding decisions that affect individual lives public safety FOI: awareness raising for managers

Lunch! : 

Lunch! FOI: awareness raising for managers

Recap! : 

Recap! FOI constitutes a framework within which requests for information can be considered provides general right of access to information on written request Not a “license to see all 4 obligations….. FOI: awareness raising for managers

Recap: our obligations : 

Recap: our obligations Duty to assist people who request information Publication Schemehttp://www.sussex.ac.uk/central/ps/ 20 days to respond to written requests for information Complaints procedure FOI: awareness raising for managers

How FOI will affect you : 

How FOI will affect you Entitled to access information respond quickly to written requests for information The records you keep, are potentially now open to scrutiny by the public Staff may ask for your advice about disclosure and fees FOI: awareness raising for managers

FOI Network : 

FOI Network FOI: awareness raising for managers

FOI procedures : 

FOI procedures Step 1Receiving and assessing requests Step 2Responding to simple requests or Step 3Responding to complex requests FOI: awareness raising for managers

Step 1: (1 of 2) Receiving and assessing requests : 

Step 1: (1 of 2) Receiving and assessing requests Date stamp written requests If you are first member of staff to receive Seek clarification if unclear Refer requests if appropriate Environmental information Personal information Press Routinely published information FOI: awareness raising for managers

Step 1 (2 of 2)Assessing requests : 

Step 1 (2 of 2)Assessing requests FOI: awareness raising for managers Decide if you can deal with the request If you can, go to step 2 If you cannot, find out who can and pass on request without delay, or Go to step 3 if you are unsure

Step 2: Simple / routine requests : 

Step 2: Simple / routine requests Supply information promptly and in any case within 20 working days Charges may applysee latest guidance on www.sussex.ac.uk/records/fees If information is not held contact FOI Coordinator FOI: awareness raising for managers

Step 3: Complex / unusual requests : 

Step 3: Complex / unusual requests Contact FOI Coordinator or Records and Information Manager if the request is: Repeated or vexatious Costly / time consuming For sensitive information where an exemption may apply FOI: awareness raising for managers

FOI Exemptions : 

FOI Exemptions Information is available at www.sussex.ac.uk/foi Some examples: Cost ceiling Vexatious or repeated requests s 38 Health and Safety s 40 Personal Information s 41 Information provided in confidence s 43 Commercial Interests FOI: awareness raising for managers

S38 Health and Safety Exemption : 

S38 Health and Safety Exemption Applies to information whose disclosure would be likely to endanger the physical or mental health or the safety of any individual. can apply where there is a group or class of persons, any or all of whom are likely to have their health or safety endangered by disclosure is subject to a public interest test. FOI: awareness raising for managers

S 41 Information provided in confidence : 

S 41 Information provided in confidence will only apply where a person would be able to bring a successful action for breach of confidence as a result of disclosure law of breach of confidence has its own public interest test may require expert legal advice FOI: awareness raising for managers

S40 Personal Information : 

S40 Personal Information Concerns personal data within the meaning of the Data Protection Act 1998 Data Protection Act takes precedence Some information may be considered for disclosure where there is a strong public interest in disclosure FOI: awareness raising for managers

S43 Commercial Interests : 

S43 Commercial Interests exempts information whose disclosure would be likely to prejudice the commercial interests of any person. It also includes a specific exemption for trade secrets. . Protects interests of third parties as well as University is subject to the public interest test. Disclosure may depend on timing FOI: awareness raising for managers

Recap: Public interest test : 

Recap: Public interest test understanding issues of the day accountability and transparency(decisions and spending public money) understanding decisions that affect individual lives public safety FOI: awareness raising for managers

What next ? : 

What next ? Keep up to date with advice on www.sussex.ac.uk/foi Cascade information about FOI to others Any questions? FOI: awareness raising for managers