faq on foi requests and environmental information regulations for research data
DESCRIPTION
Presented by Chris Rusbridge at the JISC Future of Research Conference, 19th October 2010TRANSCRIPT
October 2010 Chris Rusbridge 1
Frequently-asked questions on Freedom of Information and Environmental Information
Regulations Requests for Research Data
Consultation Draft
October 2010 Chris Rusbridge 2
Contents
• Background• How many requests for research data?• FoI exemptions relevant to research data• EIR exceptions relevant to research data
• The FAQ consultation drafts• Main information sources• Take-home message…
October 2010 Chris Rusbridge 3
Background
• “Climategate”– UEA/CRU FoI case resolved against UEA by Information
Commissioner– QUB Tree Ring data FoI/EIR case resolved against QUB– Times Higher article by Hannah Fearn
• FoI guidance– Much dates from around the time of introduction of FoI
– Much is oriented to Records Managers
– None for researchers
• JISC commissioned a FAQ on FoI for research data!
October 2010 Chris Rusbridge 4
Comment…
• The UEA case was not for research data, but for information about and communications by the researchers
• The QUB case was eventually resolved under Environmental Information Regulations, not Freedom of Information, and largely hinged around procedural issues. It is NOT a precedent!
October 2010 Chris Rusbridge 5
The legislation…
• Freedom of Information Act 2000. http://www.legislation.gov.uk/ukpga/2000/36/introduction– Applies in UK except Scotland
• Freedom of Information (Scotland) Act 2002. http://www.legislation.gov.uk/asp/2002/13/introduction
• The Environmental Information Regulations 2004. http://www.legislation.gov.uk/uksi/2004/3391/contents/made– Applies in UK except Scotland
• The Environmental Information (Scotland) Regulations 2004. http://www.legislation.gov.uk/ssi/2004/520/contents/made
• All came into force 1 January 2005
October 2010 Chris Rusbridge 6
Summary
• Public right to know information held by public authorities
• Provide response within 20 working days– Refusal if exemption or exception (EIR) applies
• May (or may not) have to confirm existence of the information
– Otherwise provide the requested information
• The details of exemptions are critical!– Always involve your FoI Practioner!
October 2010 Chris Rusbridge 7
How many requests for research data?
• Recorded requests are very rare• Asked UKHE members of RLUK plus Bath University
– 24 HEIs; 3 did not respond or give enough information!
– 21 responses
• Over 3+ years (2007 to mid 2010), 40 recorded requests for research data– Less than 2 per HEI over 3+ years
• Comparatively, such HEIs currently receive o(100)+ FoI/EIR requests per year!
October 2010 Chris Rusbridge 8
Request distributionFoI/EIR research data requests, 3+ years
0
2
4
6
8
10
12
0 2 4 6 8 10
Number of requests per HEI
Fre
qu
en
cy
October 2010 Chris Rusbridge 9
Useful FoI exemptions for research data?
• Available elsewhere• Information requested is intended for publication
– Scotland: in 12 weeks– Rest of the UK, no limit
• Research (Scotland)– Information gathered in the course of research– Research will lead to a report
• Prejudice to public affairs???• Health & Safety• Environmental Information• Personal data• Provided in confidence• Commercial interest
October 2010 Chris Rusbridge 10
Intended for future publication…
• Most likely exemption outside Scotland• Limited:
– Intention to publish must exist when the request is made
– Timescale of publication irrelevant (except 12 weeks in Scotland)
– Intention must be to publish the information requested, not an article based on the information…
• So if you have a policy to publish your research data later, eg at the end of your research, then this exemption may apply!
October 2010 Chris Rusbridge 11
Useful EIR Exceptions for research data?
• Personal data• Incomplete data• Internal communications• Intellectual property• Confidentiality• Interests of the environment
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But there’s a public interest test…
• General presumption in favour of disclosure, unless the public interest is served better by non-disclosure
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Sources of information
• JISC Legal – http://www.jisclegal.ac.uk/LegalAreas/FreedomofInformation.aspx
• JISC InfoNet – http://www.jiscinfonet.ac.uk/foi
• Information Commissioners– ICO
• http://www.ico.gov.uk/ – SIC
• http://www.itspublicknowledge.info/ • Ministry of Justice
– http://www.justice.gov.uk/guidance/freedom-of-information.htm
October 2010 Chris Rusbridge 14
The FAQ draft
• FAQ consultation – Print version draft (shortened), see handout– Web version (longer):
• http://foiresearchdata.jiscpress.org/ • Comments please!
October 2010 Chris Rusbridge 15
Take home messages
• If you get a request, always consult your FoI Practioner ASAP– Management: listen to your FoI Practioners!
• Outwith Scotland, a policy always to publish your data may help to protect them until the time is right!