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Freedom of Information

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Corporate Arbiter - to be confirmed that this applies to schools as well ... Qualified exemptions: the Corporate Arbiter will give a ruling before recourse to the IC. ... – PowerPoint PPT presentation

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Title: Freedom of Information


1
Freedom of Information A Briefing for
Schools 15 November 2004
2
Freedom of Information
Coming soon to a Council near you
3
Freedom of Information
Coming soon to a Council near you
on 1st January 2005
40 days to go
4
Freedom of Information
Topics
Overview Peoples rights and our responsibilities
FoI and Data Protection
Who does what
Processes
Types of requests and how we deal with them
Exemptions
The Public Interest
Confidentiality
Refusals, complaints and appeals
5
Freedom of Information
The simple bit
e.g. Kirklees Council
Anyone asking a public authority for specific
information has the right.
i.e. anyone in the world
to be told whether the authority has it
to have the information.
..in other words
6
Freedom of Information
Have you got this information?
Can I have it. (I have a right to it and I want
it)
7
Freedom of Information
When can I have it?
Within 20 working days.
8
Freedom of Information
Key Messages
?The presumption is always in favour of disclosure
?You have no choice as to what you disclose
?Embarrassment is not an exemption
9
Freedom of Information
There are exemptions.
For example
Personal information about the applicant.
Dealt with under the Data Protection Act (DPA)
but see below
Not if disclosure would breach the DPA
Personal information about other people.
If disclosure would be actionable in law
Confidential information
Disclosure prohibited by law
No question
10
Freedom of Information
FoIA vs DPA
1. The DPA continues to regulate personal
information
2. Private information about individuals,
including clients and staff, is not disclosable
under FoIA.
3. Information about staff in their professional
capacity may be disclosable
as long as the DP principles are not breached,
and the person is not put at risk and does not
object
4. Information about things, decisions, policies,
expenditure and people who cannot be identified
individually
available under FoIA if no other exemption.
11
Freedom of Information
Personal information about the applicant..someth
ing new!
Personal information about Mr Bloggs held on a
computer personal data DPA applies.
Personal information about Mr Bloggs held in a
relevant filing system personal data DPA
applies.
Personal information about Mr Bloggs within an
accessible file personal data DPA applies.
Personal information about Mr Bloggs held by the
Council, but not any of the above FoIA applies.
That is, Mr Bloggs can ask us to find it and we
have to do it in 20 days.
12
Freedom of Information
Yes
No 
No 
Yes
Yes
Yes
Possibly
No 
Yes
Yes
Probably
13
Freedom of Information
Who does what
Individual roles and responsibilities
Everybody may have to do something
14
Freedom of Information
Anyone could receive a written request, and must
know what to do with it.
All staff
Publication Scheme Contact
The contact point for hard-copy documents
available through the Scheme (may not be a named
person)
Oversees the process from receipt of request to
delivery of information.
FoI Co-ordinators
Data Protection Liaison Officers (DPLOs)
Advises locally on Data Protection issues.
15
Freedom of Information
Corporate Information Access Officer - Leif Wilks
Provides advice and support as necessary.
Service Arbiters - the Head and/or Governing Body
Makes refusal decisions and provides the
rationale for refusal.
Corporate Arbiter - to be confirmed that this
applies to schools as well
The Solicitor to the Council. Advises Service
Arbiters. Makes final decisions on refusal when
required.
16
Freedom of Information
Receiving requests
In writing?
Includes fax and email
We have a duty to provide assistance e.g. if the
person does not know how to formulate the
question, or if the question goes beyond the cost
threshold.
Accepting
Recognition
Classifying
Helping (remember the fee)
17
Freedom of Information
Do you know how long a piece of string is?
Which piece?
18
Freedom of Information
Fees
If charged, will need to be estimated at the
start, and a fees notice issued. The clock stops
until the fee is paid.
Fees regulations still to be finalised by the
Government.
No charge if the information costs less than 450
to locate. Disbursements will be charged.
This assumes efficient record keeping (!)
19
Freedom of Information
Lord Chancellor's Code Of Practiceon the
discharge of public authorities functionsunder
Part I of the Freedom of Information Act
2000 Issued under section 45 of the
Act November 2002
http//www.dca.gov.uk/foi/codepafunc.htm
20
Freedom of Information
Exemptions
Absolute (i.e. not required by FoI Act)
  • Examples
  • Information reasonably accessible by other
    means.
  • Personal information, about the applicant, or
    that would breach the DPA.
  • Disclosure prohibited by law.
  • Actionable breach of confidence.
  • Information contained in court records.

21
Freedom of Information
Exemptions
Qualified - subject to Public Interest test
  • Examples
  • Commercial interests trade secrets.
  • Future publication.
  • Criminal investigations or proceedings.
  • Disclosure that would prevent detection of crime
  • Audit functions.
  • Disclosure that would put anyone at risk.
  • Legal professional privilege.

22
Freedom of Information
The Public Interest
Furthering understanding of and participation in
the public debate of issues of the day.
Promoting accountability and transparency in
decision making
Promoting accountability and transparency in
spending public money
Bringing to light information affecting public
health and public safety.
23
Freedom of Information
Confidentiality
Information obtained from another person, not
generated by the Council
Disclosure of the information would give rise to
an actionable breach of confidence
The information is given to the Council with
explicit conditions attached or Conditions are
clearly implied in the circumstances.
24
Freedom of Information
Confidentiality
Words like Confidential and In Confidence
and Not to be disclosed cannot in themselves
prevent disclosure
25
Freedom of Information
Confidentiality contd
Confidential information must have the necessary
quality of confidence.
There are two key elements to this
The information need not be highly
sensitive nor can it be trivial.
The information must not be readily available
by other means.
26
Freedom of Information
Contracts
Confidentiality clauses must be avoided.
What is confidential during negotiation probably
wont be when the contract is signed
What may have been confidential six months ago
will not be now
Goods and services provided, and prices paid will
not be confidential.
Price calculations may well be.
27
Freedom of Information
Refusing information
Only if an exemption applies
If not an absolute exemption, only if refusal is
in the public interest.
The applicant must be told which exemption, why
the public interest favours refusal and what
factors have been taken into account.
28
Freedom of Information
Complaints and appeals
Complaints against process and treatment of
applicant
Response may be informal and/or formal, but the
internal procedure must be exhausted before
reference to the Information Commissioner.
29
Freedom of Information
Complaints and appeals
Appeals against refusal
Response may be informal or formal
Absolute exemptions the only recourse is to the
Information Commissioner
Qualified exemptions the Corporate Arbiter will
give a ruling before recourse to the IC.
30
Freedom of Information
Remember the Publication Scheme
The more you put in the Publication Scheme, the
less you will have to answer individual questions
about.
?No research
? No waiting
31
Freedom of Information
Further information
? Information Commissioner www.informationcomm
issioner.gov.uk ? Department for Education and
Skills Teachernetwww.teachernet.gov.uk ?
Ednet www.kirklees-ednet.org.uk
32
Freedom of Information
Feedback from you
What do you find scary?
What problems do you anticipate?
What questions do you think you will be asked
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