the right to know - university of edinburgh · the university of edinburgh records management...
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THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
The Right to Know:
An introduction to freedom of information
Records Management [email protected]
www.ed.ac.uk/records-management
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
Protects rights and supports:• Accountability• Transparency• Trust• Public debate• Good practice• Good institutional governance• Good information management
“Openness is central to a modern, mature and democratic society.”
Scottish Executive, An Open Scotland, 1999
“A person who requests information from a Scottish public authority
which holds it is entitled to be given it by the authority”
Freedom of Information (Scotland) Act 2002, Section 1(1)
Background
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
Banisar, David, National Right to Information Laws, Regulations and Initiatives 2015 (December 1, 2015). Available at SSRN: http://ssrn.com/abstract=1857498 or http://dx.doi.org/10.2139/ssrn.1857498
International context
Countries with FOI laws• 1766 Sweden• 1966 USA• 1970s Denmark, Norway, Holland,
France• 1980s Australia, Canada, New
Zealand, Colombia, Greece• 1990s Italy, Hungary, Spain,
Ukraine, Belgium, Iceland, Ireland, Thailand, Uzbekistan, Israel, Korea, Latvia, Albania, Japan, Czech Republic, Georgia, Trinidad & Tobago
• 2000+ Estonia, UK, Lithuania, Moldova, Slovakia, South Africa, Poland, Romania, Mexico
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
• Proactive publication– E.g. senior staff expenses, admissions statistics, Court
and Senate papers, University policies and procedures• Individual requests
– Popular topics: expenses, salaries, finance/investments, student population and conduct
• Records management– Helps to find information
Number of FOI requests received
Principal requirements
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
• ‘Publication scheme’ requirement to publish (usually on the Internet):– Certain types of information– Publication timescales– Any associated charges
• Through the University’s ‘Guide to Information’– http://www.ed.ac.uk/about/website/freedom-information
• Proactively published information qualifies for an exemption• Must publish in line with obligations• Must keep the ‘Guide’ up to date
Proactive publication
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
• Environmental policies, plans and programmes• Environmental impact studies
From 2018:• Privacy notices (how we use personal information)• Retention schedules (especially for personal information)
Consider publishing:• Any regularly requested information
Information to proactively publish
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
• Someone (anyone from anywhere)– Asks any member of staff,– For any recorded information held by the
University (incl. info UoE doesn’t ‘own’)– May or may not cite FOI / DP / EIR
• Received in any recorded format– E.g. email, Facebook, Twitter, MP3, MP4
• Could be part of wider correspondence• Check ‘junk mail’ and ‘clutter’ folders• Received by you; received by the University• Out of office etiquette
Recognising requests
Image: ©iStock.com/eternalcreative
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
• Any member of staff:– Replying to ‘business as usual’ and ‘requests to answer locally’– Assisting with requests for information you hold, incl. making it accessible to colleagues
• Information Practitioners:– Local source of advice, expertise and liaison with the Records Management Section– Local systems, procedures and awareness raising
• Business units:– Answering requests for information generated by their activities– Managing information in accordance with University Records Management Policy
• Records Management Section– Policy, procedures, guidance, training– Co-ordination of complex and/or wide-ranging requests
Responsibilities
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
• Cannot ask why the applicant has made the request• Can only check their identity if they have requested information about
themselves• Duty to provide advice and assistance• Maximum of 20 working days to respond• Follow the University request handling procedures
Responding to requests
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
Requests to answer locally
If all of the following apply:• The request falls entirely within your remit and job responsibilities• The request is clear and you understand what is wanted• Your business unit ‘owns’ the requested information• Your unit can answer the request in full to the applicant’s
complete satisfaction without outside assistance• Your unit can provide all the requested information
– Without any concern– Within no more than one day’s work
• If the applicant has asked for information about themselves, and you are confident of their identity
Use the templates to acknowledge and reply
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
• Beware ‘hidden data’– Always ‘Inspect document’– Remove information that should not be disclosed– ICO guidance: How to disclose information safely
• Beware low numbers– ‘Fewer than 5’ approach – Standard explanatory paragraph
Disclosing information safely
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
When to contact your Information Practitioner
Requests:• Involving information from more than one area of the University• From: journalists, NUS, TU, MPs, MSPs…• About: admissions, contracts, controversial research, E&D issues, Royal
household, Security Services, VIPs…• Involving info about/from external third parties• Involving personal information• Estimated to take more than one day’s work• Where you wish to withhold some or all of the requested information• Where you would like advice
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
Requests for personal information
Subject access requests (under data protection legislation):• For information the University holds about the individual making the request
– E.g. Exam board minutes, references, personal file, etc.
• If answering is within your remit and you have no concerns, follow the University procedures for dealing with subject access requests
• Otherwise, contact your local Information Practitioner• The Records Management Section co-ordinates complex requests and those
spanning more than one area of the University
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
Not exemptions:• I don’t like / don’t trust the applicant• I’m too busy• I don’t know• I can’t find the information easily• It’s embarrassing• It looks bad• It is bad
Exemptions:• Information otherwise accessible• Research information• Commercial interests• Actionable breach of confidence• Legal advice• Breach of the data protection principles• Effective conduct of public affairs• Negotiations / management planning (SARs only)
Can I refuse the request?
Exemptions are specific, narrow and subject to testsContact RMS for assistance applying exemptions
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
What does this mean for you?
20 working days to respond to requests
Familiarise yourself with the request handling
procedures, and refer to them when necessary
Contact your Information Practitioner if refusing or unsure about a request, or if it does not relate to
your area
Create clear and professional work
documents
Make your work accessible to others
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
• Individuals can complain to:– Office of the Scottish Information Commissioner (FOI)– Office of the Information Commissioner (DP)
• Personal criminal offence– Destruction of information required for a request
• Contempt of court
Enforcement
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
1. Helps you to do your job better2. Protects you and the University3. Saves you time4. Reduces costs5. Gives you records you can rely on
Find out more at one of our lunchtime briefings:
Managing Information To Make Life Easier:
An introduction to records management
Book through MyEd
www.ed.ac.uk/records-management
Good records management
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
• Information about people• Rights of individuals• Responsibilities of all staff• Balancing privacy and use
Find out more at one of our briefings:
Safeguarding Privacy:An introduction to data protection
legislationBook through MyEd
www.ed.ac.uk/records-management
Data protection legislation
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
Advice and assistance
Your local Information Practitioner www.ed.ac.uk/records-management/foi-practitionersThe Records Management Section [email protected] www.ed.ac.uk/records-management 0131 651 4099
www.ed.ac.uk/records-management
THE UNIVERSITY of EDINBURGHRecords Management SectionSupporting the University’s compliance with information legislation & the implementation of records management best practice
The mission of our University is the creation, dissemination and curation of knowledge
Questions?Comments?
www.ed.ac.uk/records-management