Freedom of Information at the University of Edinburgh

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Freedom of Information at the University of
Edinburgh

• Senior Secretaries, 22 March 2005

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Benefits

• Openness is central to a modern, mature and
  democratic society.
• - Scottish Executive, An Open Scotland, 1999
• Accountability Transparency Trust
• Good practice Protects rights
• Good institutional governance

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Legislative context

• Human Rights Act 1998
• Data Protection Act 1998
• Freedom of Information Act 2000
• Freedom of Information (Scotland) Act 2002
• Environmental Information (Scotland) Regulations
  2004

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Countries with FOI legislation
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Universitys approach

• Devolved responsibility
• Records Management Section
• Source of expertise - policy and guidance
• Awareness raising - training
• Promoters
• 1 for each college support group
• Internal leadership and co-ordination
• Practitioners
• Local liaison point
• Setting up local systems procedures

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Freedom of Information (Scotland) Act 2002

• 3 strands
• Individual requests
• From 1 January 2005
• Publication scheme
• http//www.pubs.recordsmanagement.ed.ac.uk/
• Must publish in line with obligations
• Must keep up to date
• Records management
• Offers business benefits too

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Individual requests

• What counts as a request?
• A query seeking any information of any age about
  anything
• From anyone, of any age, anywhere in the world,
  for any reason
• Does not have to mention freedom of information
• Cannot ask why they want to know
• Only applies to recorded info

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How do we handle an FOI request?

• Get it to the appropriate person as swiftly as
  possible
• The appropriate person must respond within 20
  working days of when you received it
• Must confirm or deny that we hold it
• Must provide it, or explain which exemption
  applies

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Criteria for passing on requests to local
practitioner

• You are unsure who is the correct person to
  answer the request
• Requests that include information of a sensitive
  nature
• Requests for a large quantity of information
  which will be very expensive to answer
• Requests for information about controversial
  topics
• Requests for personal information (ie data
  protection requests)
• Any request you would like to refuse
• Requests for information from journalists

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Popular areas for requests
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Relevant exemptions

• Information otherwise accessible
• Research information
• Commercial interests
• Trade secret
• Actionable breach of confidence
• Breach of the data protection principles
• Effective conduct of public affairs
• BUT Exemptions are narrow and subject to public
  interest test

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Implications for secretaries

• Route information requests to appropriate person
  swiftly
• Bear in mind that the appropriate person must
  answer the request for information in 20 working
  days
• We cannot ask why the applicant wants to know
• If anyone has hesitations about releasing the
  information, contact your local practitioner
• All documents e-mails may be open to scrutiny
• Email and post may contain information requests,
  so consider strategies for accessing a
  colleagues mail during absence

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(No Transcript)
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Where to go for assistance

• Your local practitioner
• http//www.recordsmanagement.ed.ac.uk/internal/pra
  ctitioners/PractitionersList.htm
• Records Management Section
• Recordsmanagement_at_ed.ac.uk
• www.recordsmanagement.ed.ac.uk
• (for reference purposes, eg if you receive a
  request)