foi information managers’ course session 3 freedom of information unit & civil service college...

FOI Information FOI Information Managers’ CourseManagers’ Course

Session 3Session 3

Freedom of Information Unit&

Civil Service College of the Cayman Islands

• Internal and external Review• Role of the Information Commissioner• Liability and Enforcement• Third party rights• Annotation/amendment of personal

information• Overview of publication schemes • Codes of practice• Defamation and copyright• Whistleblowers • Giving of reasons

Session 3Session 3

Rights of ReviewRights of Review

Judicial Review by Grand Court

Review by Information Commissioner

Internal Review by public authority

Initial decision by public authority

Internal ReviewInternal Review

Internal review is a request for reconsideration of the IM’s decision

A request for internal review must be – made in writing (including emails)– made within 30 calendar days of the

notification to the applicant or such longer period as the authority decides

Request for Internal Request for Internal ReviewReview

A request for internal review does not have to be in the following form:-

“I would like you to conduct an internal review of your decision”

But could be a request in the following form

“Thanks, but you haven’t given me what I wanted ……” or “I’m not happy with this”

The IM should confirm with the applicant that his letter is being treated as a request for internal review.

Internal ReviewInternal Review An internal review of any decision to refuse

access, defer or grant partial access, or charge a fee may be conducted by the responsible Minister or the Principal/ Chief Officer s.34

An internal review may only be conducted when the original decision was not conducted by the above named officers.

Any decision can be taken as on the original application.

The decision must be made within 30 days of the application for a review.

Internal ReviewInternal ReviewAn applicant may apply for internal review

onthe basis of :

1. A refusal to grant access to a record2. A decision to grant partial access3. Deferring the grant of access4. Charging a fee or the amount of the fee5. A refusal to amend or annotate a record6. A failure to give a decision on any of (1-

3) is also considered a refusal

Who is to conduct an internal Who is to conduct an internal review?review?

MinisterFor Exemptions s. 15, 16, 18

( security, defence, international relations, law enforcement & national economy)

Chief or principal officer or designate who is senior to Information Manager

All other exemptions

What to provide to the What to provide to the person conducting the person conducting the

internal reviewinternal reviewThe IM should provide :- a copy of the original request any other correspondence with the applicant an explanation/copy of:

– what information was released in response to the original request

– what was withheld and– why it was withheld– a copy of the complaint and the original decision

maker’s views on the merits of the complaint

Liability and Liability and EnforcementEnforcement

Appeals and EnforcementAppeals and Enforcement Appeals may be made after Internal

Review to the Information Commissioner, who may:-– Hear, investigate and rule on appeals– Monitor and report on compliance– Make recommendations to specific public

authorities– Refer criminal cases for prosecution– Publicise the requirements of the law and

the public’s rights– Conduct an independent investigation

s.42 - Appeals s.42 - Appeals

A person may appeal to the Information Commissioner because a public authority has:– Failed to indicate whether or not it holds a

record– Failed to communicate information contained in

a record within timelines or at all– Failed to provide a notice in writing in response

to a request– Charged a fee which is in contravention of the

law– Failed to comply with an obligation under the

law

Timelines for AppealsTimelines for Appeals

Appeals may be made after Internal Review– Within 30 calendar days after the date of

notification of the decision on internal review or the expiration of that period where no notification is given (a “deemed refusal”)

– The Commissioner may extend this period if the delay of the applicant is not unreasonable

The Information Commissioner’s decision is subject to judicial review by the Courts

Powers of the Powers of the CommissionerCommissioner

The Information Commissioner may: Make any decision on the original application Refer matters to a disciplinary authority or Require the public authority to comply with

provisions of the law Must make a final decision within 60

calendar daysThe Commissioner may not nullify a MinisterialCertificate of exemption

Powers of the CommissionerPowers of the Commissioner The Commissioner may make orders

about:– the publishing of information– change in practices of record-keeping– provision of training– referral for disciplinary action

Compel witnesses or production of evidence, inspect records

The Commissioner may refer a matter to the court to find that a public authority has acted in contempt of court if his/her decision has not been followed within 45 days of no appeal being made to a court.

Preparing for an AppealPreparing for an AppealProcedures to be followed by IM

on receipt of a request for appeal – (i) Register the appeal on the IT

tracking system (JADE)– (ii) Open an appeal case file, complete

details on front cover and place correspondence in file

– (iii) Make arrangements for the original FOI case file containing all background documentation to be forwarded ASAP

Preparing for an AppealPreparing for an Appeal

– (iv) Ensure the appeal file and all background papers, including the FOI case file, are passed to the designated officers who will provide evidence for the appeal

After the Appeal-– (v) Place a copy of the decision letter

from the Commissioner on both the appeal file and the original FOI case file

– (vi) Update tracking system with outcome of the appeal


For every exemption claimed:– Have you clearly identified the record or part at issue?

– Have you identified the exemptions that apply to each part of the record which has been withheld from disclosure?

Preparing for an AppealPreparing for an AppealWhere an exemption requires proof

thata particular consequence would

resultfrom disclosure of a record:Have you identified the consequence

specifically?Have you provided detailed and

convincing evidence establishing a reasonable expectation of the harm described in the exemption?– e.g. danger to health or safety exemptions

Preparing for an AppealPreparing for an AppealWhere an exemption requires

proof that a record or information was provided or received in

confidence: Have you furnished details of the circum-

stances in which the record or information was provided or received?

Have you provided evidence of the expectation of confidentiality and shown that this expectation was reasonable?


Where an exemption requires proof that a

record is one of the types of records listed

in the exemption or that it contains certain

types of information e.g Cabinet record Have you identified the particular type of

record? Have you provided reasons why the record

fits into this category?


Where the personal information exemption is claimed:

Have you identified which information in the record constitutes “personal information,” why this is so and to whom it relates?

Have you considered whether the record contains the requestor’s personal information?

Have you considered and presented the facts and circumstances that are relevant in determining whether disclosure of this information would constitute an unreasonable disclosure?

Have you considered the public interest?


Offences

Offences (s. 55)Offences (s. 55)

A person commits an offence if in relation to a record for which there is a right of access(a) Alters or defaces (b) Blocks or erases(c) Destroys or conceals the record with the

intention of preventing its disclosure

Liable to summary conviction of $100,000 or6 months imprisonment, or both.


Penalties

6 months

$100,000 fine

Third Party ConsultationThird Party Consultation

Rights of Third PartiesRights of Third Parties

A “third party” is any person referred to in a requested record who is not the applicant.

The personal information of third parties is to be protected.

A third party has the right to appeal to the Information Commissioner if:– An applicant has requested the third party’s

personal information, and – The public authority intends to release it

When third parties must be When third parties must be notifiednotified

Per the FOI Regulations, each authority must:

Log the date a FOI application is received Check whether the application will result

in the release of the personal information of any third party

Notify those third parties in writing within 14 days, and delay access so they have 28 days (after notification) to object

>> If no release would normally occur, no notice is required.

How third parties must be How third parties must be notifiednotified

The authority must take all reasonable steps to locate the third parties. The first notice should be in writing, but if there is no response try phone, fax, email, and all other possible methods.

Contents of the notice:– “A FOI request has been made for information which

includes your personal information”– Describe the request and the record(s) concerned– “Within 28 days you may either agree to disclosure or

explain why the information should not be disclosed” (the latter in written form)

– “14 days after we hear from you (or after the 28 days expires), we will make our decision about release and advise you accordingly”

Third parties: making the Third parties: making the decisiondecision

Information Managers may use their discretion to extend the 28 days allowed for responses by third parties (especially if there is difficulty contacting them)

Decision on access should be made within 14 days of the response being received from the last of the third parties (or the 28 days expiring)

The Information Manager must give written notice of each decision on access.

Where third parties have been notified and the decision is to grant access, this written notice goes to:– a) the applicant;– b) the third party or parties; and– c) the Information Commissioner.

The notice to the third parties must include details of their rights of appeal of the decision directly to the Information Commissioner.

Third parties: who is Third parties: who is informedinformed

when access is to be grantedwhen access is to be granted

The decision letter advises that access willbe given unless a third party appeals(against the decision) to the Commissioner.

– Third parties must appeal within 30 days after the date of the decision.

– The Information Commissioner can optionally extend this period a further 30 days.

– Therefore, in order to make sure there is no appeal, the authority must delay access (to the applicant) until 60 days have passed.

Third parties: rights of Third parties: rights of appealappeal

Where the decision is not to grant access, the written notice to the applicant must include information about the applicant’s rights of appeal against the decision to exempt the information.

The applicant has the right to request an internal review and/or appeal to the Information Commissioner.

Third parties: who is Third parties: who is informedinformed

when access is not grantedwhen access is not granted

Consulting third parties about Consulting third parties about requestsrequests

for other than personal for other than personal informationinformation

When considering release of the following, check whether any third party may have sent or supplied the information or have a close and direct interest in it:– Contracts and tenders– Other commercial information – Information provided by foreign governments

Consultation with third parties may play an important part in considering whether exemptions apply, particularly those relating to confidence & commercial sensitivity.

Where information is non personal:– Consultation with interested third parties is

“informal” only; the third parties’ views are not binding

– Third parties have no rights of appeal under the FOI Law

Public authorities have the statutory authority to decide on access without formal consultation…with one exception…

Consulting third parties about Consulting third parties about requestsrequests

for other than personal for other than personal informationinformation

Consider whether the release of this information would be an actionable breach of confidence:– Where your authority expressly agrees or

undertakes to keep information confidential, there is an express duty of confidence.

– Where the nature of the information or the circumstances in which the information is obtained imply that your public authority should keep the information confidential, there is an implied duty of confidence.

Requests for other than personal Requests for other than personal information: KEY EXCEPTIONinformation: KEY EXCEPTION

In cases where a public authority:– Has signed a contract which contains a

confidentiality clause, OR– Has agreed in correspondence that, if

information is provided, it will be kept confidential,

…seek legal advice. If you are advised that disclosure would

result in an actionable breach of confidence, then the consent of the third party will be required “unless it is not practicable” to obtain it.

Potential breaches of Potential breaches of confidence:confidence:

When should a public authority When should a public authority accept information in accept information in

confidence?confidence?An authority SHOULD ACCEPT information in confidence from third parties where:– it is necessary to obtain that information in

connection with the exercise of any of the authority's functions and it would not otherwise be provided;

An authority SHOULD NOT ACCEPT information in confidence from third parties where: – the information is not confidential in nature; no

substantial harm could be caused by its public disclosure.

>> Acceptance of any confidentiality provisions must be capable of justification to the Commissioner.

Confidential InformationConfidential Information

Authorities should take practical steps to

respect confidential information. (1) When receiving it, they should state

explicitly that such information will be held on an understanding of confidence, subject to the requirements of the FOI Law and other legal requirements.

(2) Ensure that physical handling of such information respects its confidential nature. For example:– Restrict circulation to those who need to

see the information – Mark on file covers that their contents are

confidential– Secure hard copies in locked cabinets or

drawers – Adequately protect electronically held

records


(3) Review confidentiality at appropriate time intervals, to ensure that only information whose disclosure would be exempt is kept confidential; the need to keep information confidential is likely to decrease over time.

(4) Adherence to these standards will help manage confidential information and help respond to future FOI requests.


Annotation and Annotation and Amendment of Personal Amendment of Personal

InformationInformation

Annotation and Annotation and amendment of personal amendment of personal

informationinformation Amendment or annotation of a record under the

FOI Law applies only to personal information. Records which are incomplete, incorrect, out of

date or misleading may be amended to ensure that the information is correct, up-to-date, not misleading and complete.

Where an application for amendment is refused, the applicant may apply to have the record annotated so that the record includes a statement outlining that objection.

AmendmentAmendmentAn individual may request an

amendment where:he or she claims that a record of a public

authority contains personal information about him or her that is incomplete, incorrect, out of date or misleading;

the record has been used, is being used, or is available for use, by a public authority for an administrative purpose; and

the person has had lawful access to the record under the FOI Law.

AmendmentAmendment Applications for amendment must be in

writing, and should:• Identify the documents requiring amendment; • Specify whether the relevant personal

information is claimed to be incomplete, incorrect, out of date or misleading;

• Explain why the applicant claims the preceding; • Specify the amendments being requested.

• Applications may be made on behalf of another (but confirm these are appropriately authorised).

• No fees are charged for amendment.

Key TermsKey TermsThe words 'incomplete', 'incorrect’ and 'out of date' have their ordinary meanings.Incorrect

Factual information may be incorrect. Example: a date of birth.

IncompleteA record may be true but incomplete if it does not include necessary information. Example: a personnel file records that an applicant was temporary for 9 months without recording that the person was hired by different departments.

Key Terms (continued)Key Terms (continued)

Out of DateThe applicant may allege that information is out of date and request that a correct or more recent information be inserted into the record. Example: records show a student performed badly on exams, when the student had later retaken the exams and done better. In that instance, the record could be amended by incorporating new information, taking care not to destroy the earlier information, and cross-referencing the documents on file.

ObligationsObligationsA request for amendment applies to

any record of that information held by the public authority.

There is an obligation to transfer amendment or annotation applications to other agencies when the documents are held by another agency or contain subject matter more closely related to the functions of another agency.

Decisions on AmendmentDecisions on Amendment

When deciding whether the information is as

alleged by the applicant, keep in mind:

• the nature of the information the applicant seeks to amend;

• the evidence on which the decision is to be based; and

• the burden of justifying that the decision made is the correct decision.

EvidenceEvidence

You may require the applicant to submit evidence to substantiate their applications.

You may have information on file or may be able to obtain the evidence from elsewhere, which will satisfy the requirements.

You must be satisfied that it is more probable than not that the applicant’s claims are correct or justified.

How to AmendHow to Amend

Do not destroy original documents; this may create gaps in the information and leave related other documents unexplained.

In the case of advice, recommendations or opinions, amend the record only if its accuracy or completeness is in dispute. It is not sufficient to change a record based on the fact that a person does not agree with an opinion. Consultation with the person who provided the advice, opinion or recommendation may be necessary.

Refusal to AmendRefusal to Amend

Advise applicants in writing of a decision refusing a request to amend a record. Include:– Description of evidence (for and against

the request) which was examined– Weightings given to that evidence– Reasons for refusal– The applicant's right to request internal

review– The option of annotation is available

Annotation Annotation Where no amendment will be made,

you must provide applicants with an opportunity to annotate the record by adding a statement to it.

Annotation is done by adding a statement or file note, cross-indexed to the material claimed to be incorrect, incomplete, out of date or misleading.

Addition of a StatementAddition of a StatementYou must take reasonable steps to add

to the file or record a statement from the applicant which specifies:the information claimed to be incorrect,

incomplete, out of date or misleading; whether the information is claimed to be

incorrect, incomplete, out of date or misleading;

the reasons for the applicant's claims; and any other such information as would

correct the record

When Annotations Can be When Annotations Can be MadeMade

Applicants can request annotation at any time:– Before an amendment application has

been lodged– After a request for amendment has

been refused

Applications for Applications for AnnotationAnnotation

Just as with applications for amendment, applications for annotation must be in writing, and should:• Identify the documents requiring annotation; • Specify whether the relevant personal

information is claimed to be incomplete, incorrect, out of date or misleading;

• Explain why the applicant claims the preceding;

• Specify the annotations being requested.

The FOI (General) Regulations contain further detailed instructions covering both amendment and annotation.

Checklist - Amendment and Checklist - Amendment and Annotation DecisionsAnnotation Decisions

Is the document to be amended or annotated currently being or formerly used for administrative purposes?

Is the request as required by law? (In writing, with a specified target, and reasons)

Does the request need to be transferred to another authority? (If so, arrange the transfer)

Retrieve all relevant documents and files; send them for verification if necessary

Assess the evidence

• Conduct consultations (if necessary) as required to verify and assess evidence

• Consider arguments for and against• Make a decision• Send a formal letter advising the

applicant of your decision

Checklist - Amendment and Checklist - Amendment and Annotation Decisions Annotation Decisions

(continued)(continued)

Letter advising approvalLetter advising approvalIf the decision is approved: • Send a letter to applicant notifying him or her of

the decision, and returning all of the original documents they supplied as evidence (keep copies on file);

• Update all of the agency's systems/files to ensure they reflect up-to-date information, and cross-reference to the decision file;

• Where the amendment changes the identity of a person known to the agency, consider who needs to be notified; and

• Amend records (leaving evidence of original information so that adjacent records still make sense).

Letter advising refusalLetter advising refusalIf the decision is refused: • Send a letter to applicant notifying him or

her of the decision and rights of review, and returning originals of all of the documents supplied as evidence (keep copies);

• Invite an application for annotation; and • Annotate the files/systems to show that

the applicant has claimed that certain information is incorrect, out-of-date or misleading and what those claims are; cross-reference to decision file.

Publication SchemesPublication Schemes

What is a Publication What is a Publication Scheme?Scheme?

An authority commits to publish certain information, in order to promote openness and inform the public of its functions:

• Subject areas• Departments and agencies• Locations

Publication schemes reduce the volume of routine requests and prepare an agency to handle requests.

What is a Publication What is a Publication Scheme?Scheme?

It includes a statement of records used:– to make decisions or recommendations– that relate to any enactment or scheme that

affects a person’s rights, benefits, or privileges, obligations, penalties or detriments

It may includes manuals, interpretations, rules, guidelines, practices or precedents

Ongoing process - reviewed every 12 months

Procedural requirements Procedural requirements (1)(1)

The principal officer of the authority shall (a) cause copies of such of the records

specified in paragraph to be made available for inspection and for purchase by members of the public;(b) within 12 months after the publication of the statement and thereafter at intervals of not more than 12 months cause to be published in the Gazette, statements bringing up to date information contained in the previous statement or statements.

Procedural requirements Procedural requirements (2)(2)

The Schedule does not require a record of the kind specified containing exempt matter to be made available but, if such a record is not made available, the principal officer shall, unless impracticable or unreasonable to do so, cause to be prepared a corresponding record, altered only to the extent necessary to exclude the exempt matter, and cause the record to be placed on the scheme.

Why a Publication Why a Publication Scheme?Scheme?

Make significant information available without waiting for someone to specifically request it

Reduce the number of requests Raise awareness of an authority’s work Demonstrate accountability and transparency (Optionally) Charge for reports prepared by the

authority (Internally) Document the information used to

make decisions; improve records management(See Schedule 1 for the detailed requirements)

Questions for Authorities Questions for Authorities to Askto Ask

1. Have you determined what is of public interest in the publication scheme?

2. Have you made information on decision-making processes available?

3. Are you making new information available?

4. Is the scheme available to the public?

ChallengesChallenges

Providing appropriate guidelines as to the type of documents that should be included within a scheme; e.g. minutes, information about contracts processing and contract performance, access to documents about regulatory decision making, internal FOI policies, complaints mechanisms, finances, any regulations, policies, rules, guidelines, manuals…

Codes of PracticeCodes of Practice

s.51 & 52 Codes of s.51 & 52 Codes of PracticePractice

There are two Codes of Practice that Information Managers must ensure compliance with:(1) A Code of Practice on Minimum Standards and Best Practices in relation to Publication Schemes(2) A Code of Practice on the keeping, management, disposal and transfer of records


Records Management

Defamation and Defamation and Intellectual Property Rights Intellectual Property Rights

DefamationDefamation A person defames another if he publishes

information about the individual which would make others think less of him.

There may be some material which is held by authorities which contains derogatory or negative comments about individuals. If the authority provided such material in response to a FOI request the individual could claim that the authority had defamed him and take the authority to court.

The Law gives staff and authorities protection against this happening.

DefamationDefamation S. 54 provides that where access to a record

is granted in the bona fide belief that the grant of such access is required by this Law, no action for defamation shall lie against the Government, a public authority, Minister or public officer involved in the grant of such access, by reason of the grant of access or of any re-publication of that record;

The grant of access to a record in accordance with FOI is not authorization or approval for the purpose of the law relating to defamation of the publication of the record or its contents by the person to whom access is granted;

““Mr Smith was under surveillance Mr Smith was under surveillance between 1998 and 2001 for possible between 1998 and 2001 for possible

breaches of license conditions based on breaches of license conditions based on information received from a reliable information received from a reliable

source”source”Police Officer Officer of Liquor Licensing Board Chair of Liquor Licensing Board Request 1: FOI applicant = Mr Smith FOI Officer Admin Assistant Mr Smith Request 2: FOI applicant = News reporter FOI Officer News reporter Newspaper prints article Readers of newspaper These publications are protected by qualified privilege defence These publications are protected under s.54(2) of FOI Act This publication is not defamation as it is to the person himself. This publication is not protected and Mr Smith could succeed in his lawsuit

““Qualified Privilege”Qualified Privilege”

This defence protects a person where theyhave a legal, moral or social duty to report

thestatements.

You would be protected if:1. The statements were made in the course

of your duties2. The statements were made to a person

with a corresponding duty to receive them3. The statements were made without malice

Intellectual Property Intellectual Property RightsRights

The four most common types of IPR are: patents for inventions - new and improved

products and processes that are capable of industrial application;

trade marks for brand identity - of goods and services allowing distinctions to be made between different traders;

designs for product appearance - of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, etc

copyright for material - literary and artistic material, music, films, sound recordings and broadcasts, software and multimedia.

CopyrightCopyright

A group of legal rights given creators/authors of original works

The owner of the copyright has the right

to prohibit or authorize the work’s direct or indirect reproduction, public performance, recording, publication, adaptation or translation

CopyrightCopyright The Copyright Act 1956 regulates the

reproduction and distribution of documents, and the right to profit from original material, not access to them.

Anyone wishing to re-use copyright information needs to get permission from the copyright owner. Permission is often given in the form of a copyright licence.

If copyright material is published without permission of the copyright owner,will infringe that copyright and thus may be liable to pay damages to the copyright owner.

CopyrightCopyright S. 54 provides that where access to a

record is granted in the bona fide belief that the grant of such access is required by this Law, no action for breach of intellectual property right shall lie against the Government, a public authority, Minister or public officer involved in the grant of such access.

The grant of such access does not permit the person granted access to do an act which is a breach of copyright.

CopyrightCopyrightA copyright document is not necessarily

in and of itself exempt from access.

The form/mode of access is the focus rather than the document itself.

It is important to ensure that when material is disclosed that the recipient is clearly notified that further copying or reproduction is not allowed and that they should contact the copyright holder for permission if they do wish to exploit the disclosed material further.

CopyrightCopyright

Public authorities complying with their statutory duty under the Freedom of Information Law to release information to an applicant are not breaching the Copyright Act UK 1956 which is applicable in Cayman. There is a statutory defence to copyright infringement The FOI Law specifically allows for access to be given in a form (such as inspection) as would

not breach the copyright interests of a third party (s.10(3)(b))

CopyrightCopyright The discretion to grant access in an

alterative form e.g. only inspection vs. the right to copy is within the purview of the public authority.

A public authority may grant access in a form other than that requested by an applicant where the grant of access in the form requested would-

s.10(3)(b): constitute an infringement of intellectual property rights subsisting in any matter contained in the record.

Fair Dealing and CopyrightFair Dealing and Copyright The fair dealing provisions in the Copyright

Act 1956 are contained in sections 5 to 9 which also provide that brief extracts may be reproduced for non-commercial purposes, private study, criticism, review and news reporting

The keyword for Copyright Laws has always been BALANCE

Balancing the rights of the copyright owner to control dissemination of his/her works with the interests of the public to have access to those works.

CopyrightCopyright The copyright in the material provided is owned by

[name of author]. The supply of documents under the Freedom of Information Legislation does not give the person or organisation who receives them an automatic right to re-use the documents in any way that would infringe copyright, for example, by making multiple copies, publishing and issuing copies to the public.

Brief extracts of the material may be reproduced under the fair dealing provisions of the Copyright Act for non-commercial purposes, private study, criticism, review and news reporting.

Crown CopyrightCrown Copyright Crown copyright subsists in all copyright works

produced by officers or servants of the Crown in the course of their duties, in accordance with the Copyright Act.

Copyright can also come into Crown ownership by means of assignment or transfer of the copyright from the legal owner of the copyright to the Crown. E.g where a government department commissions a person to produce a report on its behalf and arranges for the copyright to be assigned to the Crown.

Crown Copyright is vested in the Governor. Rules and procedures for Crown Copyright have yet to be established in the Cayman Islands

SummarySummary

When a request is received by a Public Authority which could require the disclosure of a third party's intellectual property, a public authority shall:-– first establish who owns the intellectual

property in the information. – If it is a third party's information,

determine if there a licence to use the intellectual property in place and what are its terms of this usage?;

SummarySummary

Ensure that if copies of information are provided that the recipient is clearly warned about any copyright restrictions that are in place;

Clearly mark the copyright of a third party if a disclosure is being made; and

Consider if any other exemptions contained in the FOI Law apply.

Whistleblower ProtectionWhistleblower Protection

Whistleblower ProtectionWhistleblower Protection A whistleblower is an

– employee, – former employee, or – member of an organisation, especially a

business or government agency, who reports misconduct to people or

entities that have the power and presumed willingness to take corrective action.

Generally the misconduct is a violation of law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, and corruption.

Whistleblower ProtectionWhistleblower Protection

Protection of Whistleblowers (s.50)

Against legal, administrative or employment related sanctions where release information on wrong doing or information that discloses a serious threat to health, safety or the environment as long as done in good faith

The Giving of ReasonsThe Giving of Reasons


Persons affected by a decision are usually entitled to procedural fairness, also known as natural justice, in relation to the decisions of government authorities

The FOI Law requires public authorities to make “best efforts” to ensure decisions and the reasons for those decisions are made public unless the information disclosed would be exempt. (s.27)


THE LONG ANSWER IS NO

FoI


The giving of reasons should include a written statement setting out the findings on material questions of fact, referring to the evidence or other material on which the public authority’s findings were based and giving reasons for the decision.

The giving of reasons should expose the process of reasoning that has lead to the conclusion which has been arrived at.


The Giving of reasons is important to:-

(1) Explaining "how" and "why" the decision was made. There should be a simple, clear explanation of why the decision has been made.


The Giving of reasons is important to:- (2) Improve the quality of decision-

making within the government itself.

(3) to explain the decision so that a body asked to review the decision either internally or externally can clearly understand the reasoning

The Giving of ReasonsThe Giving of ReasonsThe Giving of reasons helps us,

when we are making our decision, to come to the right decision.

The process of sitting down, writing, redrafting and thinking about it again assists in the actual process of working out, what should be the decision in each case.


A well-written decision should: be easily readable interest the reader state the issues at the outset resolve the issues with the

minimum of detail indicate the final decision

Your duties as an IMYour duties as an IM Become familiar with your public

authority’s legislation or policies which restrict or give alternative access to information

Become familiar with the records management systems of your authority

Prepare your publication scheme, look at your website and e-publication scheme

Consistently raise awareness of other staff about FOI

Thank you for your attention and participation

foi information managers’ course session 3 freedom of information unit & civil service college...

Documents

internal review onthe

internal reviewa request

internal reviewan applicant

internal reviewthe im

information managerall

recorda decision

ims decision

original decision makers