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Information Legislation and BU Committees

Information Legislation and BU Committees. Policy and Committees (Student and Academic Services) and Legal Services. Introduction.

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Information Legislation and BU Committees

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  1. Information Legislation and BU Committees Policy and Committees (Student and Academic Services) and Legal Services

  2. Introduction • Under the terms of the Data Protection Act 1998, the Freedom of Information Act 2000, and the Environmental Information Regulations individuals have legal rights in regard to obtaining information held by the University. • The legislation also brings with it certain legal responsibilities and expectations in terms of the publication of information and the protection and processing of personal data.

  3. Warning • The seriousness of breaching information legislation cannot be underestimated, and there are reputational and financial consequences, including fines. • If in doubt: err on the side of caution and ASK.

  4. Senate Academic Standards Committee Education Enhancement Committee Research and Enterprise Committee Research Ethics Committee Student Experience Committee Internationalisation Strategy Group Partnership Board School Academic Board School Quality Assurance and Enhancement Committee School Research and Enterprise Committee Framework Management Team Board of Examiners Research Examination Team Constitution and Procedures Committee Senate Committees 2010/11

  5. Publication of Committee Documentation at BU • Senate: non-confidential agendas, papers and confirmed minutes. • Other Senate Committees: non-confidential confirmed minutes. • Exempt:Framework Management Team, Board of Examiners, and Research Examination Team.

  6. Exempt Committees • Rationale: the likely content of the exempt committees relates to individuals and third parties. • Following consultation with Legal Services, Framework Management Team minutes will now not be published on the on the portal although the principles of the Committee Guidance should still be applied and non-confidential minutes will be marked as “available on request”.

  7. Agendas • Is there reserved business (a meeting with students present where there will be discussion of individual students or appointment/employment of individual staff?): • Yes: list reserved business at the end of the agenda (see Committee Guidance page 33). • No: prepare agenda as normal. • Senate only: agendas to be publicised so edit accordingly (create two versions if required).

  8. Papers • For Senate only: • Mark as confidential or non-confidential as appropriate • Other committees: • Papers are not routinely published. • If an information request is made they will be considered on an individual basis.

  9. Minutes • Version 1: full minute (for all members, other than student representatives if there is reserved business) • Version 2: full minute less information legislation exemptions less reserved business (for publication once confirmed) • Version 3: full minutes less reserved business (for student representatives if there is reserved business)

  10. Minute Naming Convention 3 letter identifier (see Committee Guidance Appendix 14) + academic year reference + Min + minute number (number per academic year, starting at 1) For confirmed minutes: Version 1 – SEN-1011-Min1 confirmed confidential Version 2 – SEN-1011-Min1 confirmed non-confidential Version 3 – SEN-1011-Min1 confirmed non-reserved

  11. Unconfirmed Minutes The unconfirmed minutes (version 1, full version*) from the previous meeting are the first paper of the next meeting and should be given the appropriate paper number as per the paper numbering convention as they form a separate paper of the committee meeting (see Committee Guidance Appendix 14). *Note: ensure that Student Representatives are not sent the full version of the minutes if there is reserved business

  12. Confirmation of Minutes Minutes are confirmed at the next meeting. The Chair is responsible for deciding the status of information (with guidance from the Clerk/Secretary). Upon confirmation of the minutes, the Chair should make the following statement “In line with University policy, the confirmed non-confidential minutes will be made publicly available on the portal”. If any member objects to the publication of the confirmed non-confidential minutes, the Policy and Committees Manager should be consulted prior to publication (Legal Services can also advise further).

  13. Publication of Minutes Confirmed non-confidential minutes only. Going forward for academic session 2010/11. In PDF format. On the appropriate page of the portal http://portal.bournemouth.ac.uk/Documents/default.aspx?CatID=77dae3a2-a00f-43a5-a155-b75a376485a2 Contact IT for assistance with the portal.

  14. What is Redaction? • Redaction means to remove by cutting out. • Information Commissioner’s Office (ICO) guidance on best practice: • Deletions in MS Word can be reversed if a document is sent electronically so always PDF documents (using Adobe Acrobat writer). • Or scan and save as an image file. • Note: if text is blacked out with marker pen it can remain legible when photocopied.

  15. What should be Redacted? • The FOI Publication Scheme allows us to remove “material that is properly considered to be private”. • There are more than twenty exemptions in the Freedom of Information Act. • Six exemptions are highlighted in the University context.

  16. How to Redact Information 3. Project Update 3.1 The Head of Department informed the Committee that the project was progressing well. 3.2 [Confidential minute] To be used where the whole paragraph is redacted 3.3 The Project Sponsor will provide a report on progress at the next meeting. 4. Update on the IT Strategy 4.1 The Head of IT reported that the amount budgeted for new equipment for academic session 2010/11 is £[confidential minute]. Further information will be presented at the next meeting of the committee. To be used where small amounts of text are redacted

  17. 1. Personal Data • Personal data means information about any identifiable living individual. • It includes factual information but also any expression of opinion about the person and any indications of the intentions of the University or anyone else in relation to that person. • General rule - personal data about staff, students or third parties should NOT appear in minutes for publication on the portal. If in doubt leave it out and seek further advice.

  18. Personal Data - Practical Application • This does not prevent the minutes from recording a list of attendees at a meeting or action points of attendees, or (if necessary) their views provided that it has been made clear that the minutes will be published to the world. • “Sensitive personal data” must be handled with caution and should never appear in minutes, that is information about an individual’s: • racial/ethnic origins; • political opinions; • religious beliefs or other beliefs of a similar nature; • trade union membership; • physical/mental health or condition; • sexual life; • commission/alleged commission of an offence; and • proceedings relating to offences/alleged offences.

  19. 2. Prejudice to Commercial Interests • This exemption applies to information, the release of which would be detrimental to commercial interests. • Information is exempt if it constitutes a trade secret or if disclosure is likely to prejudice the commercial interests of the University or any other person. • For example: • Would it cause the University to pay a higher price for something? • Would it damage the University’s bargaining position in current negotiations? • There must be a significant risk of harm rather than a remote possibility. • The “public interest” test applies.

  20. 3. Information Provided in Confidence • Was the information provided by a person or organisation outside the University? • If yes, redact if: • The information is not in the public domain; • The University does not have permission to publish; • The originator has told us that it is confidential; or • A reasonable person would assume that permission should be obtained before it is made available.

  21. 4. Danger to Health and Safety • Cases are likely to be rare. • Other universities have applied this to information about researchers involved in animal experiments.

  22. 5. Legal Professional Privilege • Entitled to redact: • Discussion of legal advice provided to the University.

  23. 6. Prejudice to the Effective Conduct of Public Affairs • Information is exempt if, in the reasonable opinion of the Vice-Chancellor, disclosure of the information would or would be likely to inhibit: (1) the free and frank provision of advice; or (2) the free and frank exchange of views for the purpose of deliberation; or (3) would otherwise prejudice, or be likely otherwise to prejudice, the effective conduct of public affairs. • For (1) and (2) there has to be a real risk of inhibition. • An example of (3) may include the ability to protect our IT system from hackers. • The “public interest” test applies.

  24. Public Interest Test • For information – information should be redacted from minutes as per the exemptions above and the public interest test would be applied by Legal Services should an information request be received. • “The public interest test involves considering the circumstances of each case in relation to the exemption that covers the information. You must release the information unless the public interest in maintaining the exemption outweighs the public interest in releasing it.” Information Commissioner’s Office http://www.ico.gov.uk/for_organisations/freedom_of_information/information_request/public_interest_test.aspx

  25. Confidential Status • Just because information is classified as confidential does not mean it will always be regarded as such. • If the University receives a Freedom of Information request regarding a particular issue or a subject access request from an individual under the Data Protection Act, it may be required to disclose information in accordance with statutory obligations.

  26. Document Management Principles • Retain one final complete record of a committee meeting (delete all previous drafts/versions). • Store in an appropriate place in the I drive with a clear naming convention (see Committee Guidance). • Keep operational matters separately. • Adhere to retention schedules. • Be aware that notes (even post-it notes), emails, etc. relating to a topic can be subject to an FOI request.

  27. Resources • BU Freedom of Information website http://www.bournemouth.ac.uk/about/policies/freedom_of_information_act.html • Information Commissioner’s Office http://www.ico.gov.uk/ • BU Committee Guidance 2010/11 http://portal.bournemouth.ac.uk/C17/C2/Guidance%20and%20Information/default.aspx

  28. Contacts Legal Services: • Michelle Goodbody (Legal Services Support Officer) Committee queries (Policy and Committees, Student and Academic Services): • Nichola Kett (Policy and Committees Manager) • Geoff Rayment (Committee Clerk)

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