IMPSInformation Management and Policy

Services

Information Services Directorate

A briefing for all University staff

November 2004

New Information LegislationFreedom or Protection?

IMPSInformation Management and Policy

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Information Services Directorate

Overview• Passed 30 November 2000• Fully in force January 2005• Covers “Public Authorities”, including

Universities• Obligations:

PS, RM & access to recorded information• Enforcement:

Information Commissioner, Information Tribunal, Courts

Freedom of Information Act 2000

IMPSInformation Management and Policy

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Information Services Directorate

•Data Protection Act 1998•Environmental Information Regulations 2004

•Copyright, Designs & Patents Act 1988•Computer Misuse Act 1990•Human Rights Act 1998•Privacy & Electronic Communications Regulations 2003

(Some) Related Legislation

IMPSInformation Management and Policy

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Information Services Directorate

FOIA – Who?Wide definition of Public Authorities, including:

• Government departments• Local government• Police, health and public education• Other public bodies• Publicly owned companies• Organisations designated by order (eg

contractors)

IMPSInformation Management and Policy

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Information Services Directorate

• To be told whether the information is held by the institution

• To receive the information, where possible in the format requested, for example as a copy or summary, or in paper or electronic format. An individual may also be able to inspect the records in person.

FOIA – Rights (for all):

IMPSInformation Management and Policy

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Information Services Directorate

All information

• media – paper, electronic, audio, video...

• form – texts, emails, reports, lab notes...

• age – fully retrospective

FOIA – What?

IMPSInformation Management and Policy

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Information Services Directorate

A “Publication Scheme”• contains

• Information Classes• Manner of Publication• Fee

• approved by the Information Commissioner• subject to on-going review

FOIA Obligations - 1

IMPSInformation Management and Policy

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Information Services Directorate

FOIA Obligations - 2Records Management

• Code of Practice• Model Action Plan• Policy Statement• Record Retention Scheme

IMPSInformation Management and Policy

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Information Services Directorate

FOIA Obligations - 3Requests for Information

• In force from January 2005• Must be written (but includes e-mail & fax)• Must indicate identity and information sought• Need not note FOIA, DPA or reason for

request• May request retrospective information• May be subject to a fee• Must be dealt with within 20 working days

IMPSInformation Management and Policy

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Information Services Directorate

FOIA Obligations - 4Request Responses

• Cannot ask why information required• Must assist applicant make valid request• Must accept given id and contact information• Must provide information OR• Explain why specified exemption applies• Must be dealt with within 20 working days

IMPSInformation Management and Policy

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Information Services Directorate

Exemptions - Absolute• Information accessible to applicant by other

means• Information supplied by or relating to

Government bodies dealing with (national) security matters

• Court records• Parliamentary privilege• Prejudice to effective conduct of public affairs• Personal information• Information provided in confidence• Legal prohibitions on disclosure

IMPSInformation Management and Policy

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Information Services Directorate

Exemptions - subject to…

• Information intended for future publication• Health and Safety• Environmental information• Personal information• Legal professional privilege• Commercial interests• National security & Defence

IMPSInformation Management and Policy

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Information Services Directorate

Exemptions - subject to…

• International & UK Relations• Economy• Investigations & proceedings by public

authorities• Law enforcement• Audit functions• Prejudice to conduct of public affairs• Communications with the Queen

IMPSInformation Management and Policy

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Information Services Directorate

Exemptions – sort of…

Personal information • change to DPA definition of “data”• “unstructured personal data” and rights of

access for data subject• (limited) right of access for others

IMPSInformation Management and Policy

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Information Services Directorate

Exemptions – sort of…

Environmental Information Regulations• any “environmental information”• progressive e-publication• similar rights of access as FOIA• some exemptions

IMPSInformation Management and Policy

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Information Services Directorate

FOIA Enforcement

Information Commissioner• approves (or rejects) publication schemes

• deals with “complaints”

• Information, Decision & Enforcement Notices

• Practice Recommendations

IMPSInformation Management and Policy

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Information Services Directorate

FOIA Offences

• to tamper with information or personal data subject to an access request

Personal or institutional liability

• to ignore a Notice or Code of Practicenot an offence but may

be actioned as Contempt of Court

IMPSInformation Management and Policy

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Information Services Directorate

Who will ask, for what?

• Press• Pressure groups• Contractors/Suppliers• Family genealogists • ?

IMPSInformation Management and Policy

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Information Services Directorate

Our Response - the PSThe University of Reading has:

• Adopted the Model Publication Scheme for HE

• Published February 2004 atwww.reading.ac.uk/foia

• Includes as much (already) published information as possible

• Aim to publish via the web as far as possible• Charge for hardcopy material, wherever

reasonable

IMPSInformation Management and Policy

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Information Services Directorate

Our Response - RMRecords Management

• A policy statement in progress• In the context of Information Strategy

• Information Audit under way• Record Retention Scheme in development• Advice will be made available• Projects will emerge

IMPSInformation Management and Policy

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Information Services Directorate

Our Response - EnquiriesIMPS Office is set up to handle:

• Information request referrals• Queries• Publication Scheme maintenance and review• DPA census and similar activities• Co-ordination and networking - within and

beyond Reading• Associated staff development and awareness

training

IMPSInformation Management and Policy

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Information Services Directorate

Our Response - YouYou need to be aware of:

• Creating records (e-mail, lab notes, reports.... )

• Keeping records – are they needed? Why?• Receiving information requests:

• Routine? Service as usual• Not? Refer!

• Seeking information

IMPSInformation Management and Policy

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Information Services Directorate

Our Response – ReferralsInformation requests referred to IMPS will be:

• Logged (in case of repeats &/or complaints)• Checked re DPA or EIR• Considered for exempt material• Processed• Chased• Delivered

in consultation with relevant parties

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Information Services Directorate

The Benefits

• Transparency• Accountability• Informed public debate• Better, understandable and acceptable

decisions• Trust

IMPSInformation Management and Policy

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Information Services Directorate

The Benefits

• Internal communication• External communication• Navigation of information• Management of information

• More efficient ways of working• Less duplication of effort

• Better exploitation of our information

IMPSInformation Management and Policy

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Information Services Directorate

Help

• IMPS Office – imps@reading.ac.uk

• Website - www.reading.ac.uk/foiaincluding links to a variety of other sites

• Future training opportunities• Network news

IMPSInformation Management and Policy

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Information Services Directorate

Thank youfor coming today

Any questions or comments