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Freedom of Information Workshop & Briefing

Freedom of Information Workshop & Briefing. 5 th March 2014 Welcome. FOI – Learning Outcomes. Learn about the Freedom of Information Act & Data Protection Act Understand what the FOI Act means for you and Birkbeck Develop confidence in responding to requests

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Freedom of Information Workshop & Briefing

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  1. Freedom of Information Workshop & Briefing 5th March 2014 Welcome

  2. FOI – Learning Outcomes • Learn about the Freedom of Information Act & Data Protection Act • Understand what the FOI Act means for you and Birkbeck • Develop confidence in responding to requests • Process Fix Feedback- Birkbeck FOI responses

  3. FOI - Menu • Freedom of Information Act & • Data Protection Act • Manager understanding of FOI responsibilities • Process Fix Feedback – Birkbeck FOI responses • Case Studies: Selected examples of Birkbeck FOI requests & how Birkbeck responded

  4. What is Freedom of Information? Legislation • Legislation introduced in 2000 – FOI Act 2000 • Implementation date - January 2005 • Follows the Data Protection Act 1998 Scope • Central and local government plus the NHS • Also, many other public sector funded bodies • Education - all schools; plus all HEI sector • Does not apply to private sector companies

  5. FOI Act – Objective • Improve transparency and accountability in the public sector • Birkbeck supports disclosure • Involves reputation of the College • Birkbeck FOI responses are read by others • Media – the FOI Act mentioned every day • Is having an impact and is here to stay

  6. FOI Act - Impact • Over 50,000 information requests submitted to government bodies each year • Over 100 Birkbeck requests in 2012/13 • Over 150 Birkbeck requests in 2013 • Over one third of these are from journalists • Indicators – number of requests increasing

  7. FOI – Birkbeck Obligations • Birkbeck must comply with the legislation • Birkbeck must maintain a Publication Scheme • Birkbeck must respond to FOI requests • Birkbeck must respond promptly and clearly • Birkbeck must adhere to advice and guidance from the Information Commissioner

  8. FOI - Birkbeck managers • Understand and follow the Act • Prepare for requests that could be raised • Recognise how to respond to requests • Communicate responsibilities to your team • Contact FOI Officer

  9. FOI Act - Summary • The FOI Act gives a right of access to recorded information • Details relating to individual personal information are excluded • Information not available is not covered • Neither are opinion and estimation • Requester have a right of appeal • Appeal rights – both internal and external (ICO)

  10. Spotting a FOI Request? • Requests must be in writing - email is ok • Must include a name and contact address • Can be sent to any member of staff • Need not mention FOI Act – they often do • More than one question – they usually are • More than one theme – they sometimes are

  11. Still Spotting a FOI Request • Ticking clock - starts day after Birkbeck arrival • Promptly and within 20 working days • Requests may cover any subject • Important – student numbers & complaints • Trivial - details of photocopying contracts • Irrelevant – animal experiments

  12. Responding to a FOI Request • Is it FOI related – it might be • Birkbeck records all FOI requests & trends • Remember the deadline - requester will • The deadline is for the College – not just you • May cover issues that are awkward or difficult • Discuss concerns with FOI Officer • Exemptions – evidence based

  13. FOI – Process Fix Feedback • Birkbeck FOI responses • Review feedback so far • Scope to refine?

  14. Who makes FOI requests

  15. What Issues – FOI Requests

  16. FOI – Case Studies • Examples of real requests for information • Sent to Birkbeck in 2013 • What is your view?

  17. FOI Case Study - Examples • Case Study 1 – REF • Case Study 2 – Plagiarism • Case Study 3 – Investments • Case Study 4 – Room Bookings • Case Study 5 – Disabled Employees

  18. Data Protection Act • Data Protection Act 1998 relates to information about individuals • Specifically, information about living individuals - digital or paper format • Information is usually about personal data • Exam results or employee & student details

  19. DPA – Birkbeck obligations • Register with the Information Commissioner • Ensure individuals have access to their data • Completion of Subject Access Request • Payment of a fee – currently £10 • Confirming proof of identity • Exemptions apply – in some cases

  20. DPA – Helpful Points • Be clear what action you will take • Must relate to personal information • Requester may know the information is stored • Don’t keep more data than you need • Set up retention procedures & follow them • Relatives and friends have no right to info • Use appropriate language in emails

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