Freedom of Information Act

2000

Tony Mitcheson

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Freedom of Information Act 2000

• The Act gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right and places a number of obligations on public authorities.

• The College is a ‘public authority’ and so is subject to the Act.

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Freedom of Information Act

• Under the Act the College must produce a publication scheme before December 2003.

• The Publication Scheme itself will take effect from 29 February 2004.

• From January 2005 the public, including other corporate bodies, will have the right to make a request for any other information not already published under the Publication Scheme.

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The Publication Scheme

• The Publication Scheme is a listing of:

the various classes of information that are, or will be made, available to the public,

how these can be obtained, and

if there is any associated cost.

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The Publication Scheme

• Must be submitted for approval to the Office of the Information Commissioner (OIC) by 31 December 2003.

• The Scheme will come into effect on 29 February 2004.

• The College must be able to publish all information included on its scheme by that date.

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The Publication Scheme

• JISC and the Office of the Information Commissioner have produced a draft model publication scheme for further and higher education.

• This sets out 7 ‘classes’ of information that should be published by universities and colleges.

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Classes of Information

• The seven ‘classes’ are:

Governance External Relations Student Administration and Support College Information Services Human and Physical Resources Teaching and Learning Research and Development

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The Publication Scheme

• The Publication Scheme must also set out how the College will publish its information and whether a charge will be made:

World Wide Web (free) Hard copies such as leaflets, prospectuses, brochures

etc (usually free) Other hard copies such as committee minutes (costs of

production may be charged)

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The Publication Scheme

• The College is encouraged to include as much information as possible on its publication scheme to avoid requests for additional information;

• But, it will be easier to add items to the Publication scheme than to remove them.

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Requests for Information

• From 1 January 2005 members of the public and corporate bodies may enquire about any other information not already published by the College.

• Applicants have the right: To be told whether the information is held by the

College; and, To receive the information.

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Requests for Information

• The College:

Has a duty to assist the Applicant

Must respond to requests within 20 days

Must determine whether the information requested can be released (the Act includes certain exemptions)

Must determine the fee to be charged for the information (but only in accordance with Fee Regulations)

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Exemptions

• Some information held by the College will be exempt and does not have to be released.

• Exemptions include: Information already published Information covered by the Data Protection Act National security Law enforcement Commercial interests

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Exemptions

• Before an exemption can be enforced, the College must consider two further points:

Prejudice

Public Interest

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Requests for Information

• Dealing with requests for information will be complex, time consuming and expensive.

• Increasing the amount of information included in the Publication Scheme should reduce the number of individual requests for information.

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Codes of Practice

• The Act also provides for the introduction of codes of practice with which the College will have to comply.

• These cover:

Records Management, and

How individual requests for information are dealt with.

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The College Response

• Freedom of Information Working Party has been established

• The Working Party is preparing the draft Publication Scheme.

• Draft policies and codes of practice are also being produced.

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The College Response

• In January 2003 the Executive Committee endorsed:

The Working Party’s Action Plan

The proposed Organisational Structure

The move of the Corporate Record Section from the Library to the Central Secretariat.

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Records Management

• Creation of Corporate Records Section (formerly Archives) within the Central Secretariat

• Recognition of the College Archivist as the Corporate Records Manager

• Gradual extension of the ReMAS Project to cover all parts of the College

• Appointment of records managers within Departments and Divisions

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Records Management Organisation

Information Systems Security

Data ProtectionFreedom of Information

Corporate Records

Martin ThomsonDeputy Head of Cent. Sec.

Anne BarrettCorporate Records Manager

Jon HancockHead of Central Secretariat

Tony MitchesonCollege Secretary

Complaints Procedure

Chris InceCollege Data Protection

Officer

Chris InceFoI Admin

Records Management Team(3 people, 2 already in post)

Could (likely to) be thesame person

External Advice

Departments ISLOsDepartments DP

RepsDepartments Records

Managers

Faculties Faculties Faculties

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Requests for Information

• Requests for information will be handled by the Central Secretariat.

• Departments will be expected to provide relevant information, when required.

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What Next?

• Policies and Codes of Practice will be developed.

• The Working Party, with support from Departments, will carry out an audit of currently published information

• The Publication Scheme will be finalised.

• A Training Programme is being devised.

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In the Longer Term

• Electronic Document Management System covering all the College’s records

• Storage of corporate records

• Searchable on-line databases