FREEDOM OF INFORMATION ACTS, 1997 and 2003

1
FREEDOM OF INFORMATION ACTS, 1997 and 2003

• 1 October 2001
• Informed Citizen
• www.foi.gov.ie

2
FREEDOM OF INFORMATION ACT 1997 ANDFREEDOM OF
INFORMATION (AMENDMENT) ACT 2003
3
FREEDOM OF INFORMATION ACTS, 1997 2003

• Individuals have the right to
• Access to information
• Amend incorrect information
• Access criteria used in decision making
• Examine and review the deliberations and
  processes of public bodies

4
FREEDOM OF INFORMATION ACTS, 1997 2003

• We must accept and embrace the principle of the
  Act.
• The Institute must comply with this new
  legislation.
• This is the law - we have no choice in the
  matter.

5
FREEDOM OF INFORMATION ACTS, 1997 2003

• "Head
• As defined by the FOI Act, the Director is
  responsible for the successful implementation of
  FOI in ITT.
• Paul Caffrey is the Director's designated nominee
  for FOI in ITT.

6
FREEDOM OF INFORMATION ACTS, 1997 2003

• Role of FOI Officer
• Provide advice and training
• Operate and Monitor FOI Request Register
• Provide monthly statistics to Dept of Finance
• Prepare Section 15 and 16 Manuals
• Produce Staff Manual

7
FREEDOM OF INFORMATION ACTS, 1997 2003

• Decision Makers
• Nominated by the Head
• Must be employees of the Institute
• Responsible person
• Cannot take the motive of the requester into
  account in the decision

8
FREEDOM OF INFORMATION ACTS, 1997 2003

• The requester can appeal the decision of the
  Decision Maker which triggers an Internal Review.

9
FREEDOM OF INFORMATION ACTS, 1997 2003

• Internal Reviewers
• Higher grade than the Decision Makers
• From a different School/Function to ensure
  impartial review
• A rota of Internal Reviewers
• Initially all DM decisions will be reviewed as a
  method of on-going training for 6-12 months

10
FREEDOM OF INFORMATION ACTS, 1997 2003

• DECISION MAKERS MOTTO
• WHY NOT?

11
FREEDOM OF INFORMATION ACTS, 1997 2003

• When refusing (or partially refusing) a request,
  explain in detail
• Burden of Proof lies with the public body to
  prove why the release of information is not
  appropriate

12
FREEDOM OF INFORMATION ACTS, 1997 2003

• Urgent tasks that need to be undertaken
• Review current practices
• Analyse current record management and retrieval
  systems
• Produce a Record Management and Retention Policy
• List internal rules and guidelines
• Develop a Central File Register System

13
FREEDOM OF INFORMATION ACTS, 1997 2003

• Section 15
• A Guide to the Structure, Functions, Services and
  Records of the Institute

14
FREEDOM OF INFORMATION ACTS, 1997 2003

• SECTION 15 MANUAL
• Aim/Strategy/Role of the School/Function
• Structure of School/Function
• Senior Staff
• Services provided by the School/Function
• Details of any Schemes/External Links/Grants
  available
• Classes of Records held in the School/Function

15
FREEDOM OF INFORMATION ACTS, 1997 2003

• Section 16
• A Guide to the Rules, Guidelines and Practices
  Governing the Activities of the Institute

16
FREEDOM OF INFORMATION ACTS, 1997 2003

• SECTION 16 MANUAL
• Outline of Services
• List of Rules governing the activity of the
  School/Function
• Document Reference Number

17
FREEDOM OF INFORMATION ACTS, 1997 2003

• FOI Internal Steering Group
• Sectoral networks are an invaluable asset in the
  preparation for and daily working of FOI

18
FREEDOM OF INFORMATION ACTS, 1997 2003

• Important Issues for all Staff relating to FOI in
  ITT
• Record Keeping and Records Management
• Taking greater care with what we write
• All material is potentially disclosable
• Old records cannot now be changed
• Write objectively
• Support opinions with facts
• Ensure what you write is relevant to the matter
  in question
• ITT will accommodate your request outside FOI

19
FREEDOM OF INFORMATION ACTS, 1997 2003

• What is a record?
• Any memorandum text or other document
• Any photograph, film or recording
• Any form in which data is held - manual,
  mechanical or electronic
• Email
• Voicemail
• Even a Yellow post-it!

20
FREEDOM OF INFORMATION ACTS, 1997 2003

• Record Management and Retention Policy
• Email protocol
• Minutes of meetings

21
FREEDOM OF INFORMATION ACTS, 1997 2003

• What records can be sought within the scope of
  the Act?
• All non-personal records created from
  commencement date (21 April 1998)
• All personal records
• All personnel records of staff created less than
  3 years before commencement

22
FREEDOM OF INFORMATION ACTS, 1997 2003

• Exempt Records and Exemptions
• Submitted to the Government
• Audit by the CAG
• Investigation by the Ombudsman
• Relating to the President
• Info received in confidence
• Commercially sensitive info
• Personal Info

23
FREEDOM OF INFORMATION ACTS, 1997 2003

• Public Interest Test
• Personal Information
• Balance will weigh in favour of release of records

24
FREEDOM OF INFORMATION ACTS, 1997 2003

• Information will not come within the scope of the
  FOI Act where it is
• already publicly available
• available under another enactment