Getting Our Act Together Rosemary Agnew Scottish Information Commissioner 3 December 2013

Records are crucial for a democracy Tim Ellis, 1 August 2013

Access to information is crucial for a democracy

Why? Good records management is a prerequisite to effective accountability - critical scrutiny of public services: decision-making, provision and efficiency FOI is a way to access that information Records themselves form an integral part of our historical and corporate memory Good information management is a prerequisite to effective accountability. Without it, critical scrutiny of public services: decision-making, provision and efficiency cannot take place. FOI is a way to access that information Records themselves form an integral part of our historical memory.

Good record keeping is crucial for effective application of FOI

Duties under FOISA/ EIRs Advise and assist requesters Respond in full to all requests within 20 working days If refusing information, explain why and on what exemption the authority is relying Adopt and maintain a publication scheme

Record Keeping: Relevance to FOI To apply FOI well you must know: What information you hold Where it is Its status Where your information came from Whose information it is What your legal obligations are What metadata you have Under what terms you can share it & with whom Good information management is a prerequisite to effective accountability. Without it, critical scrutiny of public services: decision-making, provision and efficiency cannot take place. FOI is a way to access that information Records themselves form an integral part of our historical memory.

Good record keeping is crucial for effective information governance What is good for FOI is good for business!

Who is this? 1873, published 1876 Knowledge organisation tool 135 countries and many languages Basis of many web-browsing mechanisms Melville Louis Kossuth Dewey Inventor of the Dewey Decimal Classification system

Transferable principles from DDC System is owned and managed Governance by an international board Picks up trends in knowledge and literature Scalable Continuous development Used rigorously

What can go wrong? In FOI terms: At its worst – section 65 allegation Inefficiency leading to additional costs Damage to reputation Breach of security Breach of DPA 65 Offence of altering etc. records with intent to prevent disclosure. Where—  a request for information is made to a Scottish public authority; and the applicant is, under section 1, entitled to be given the information or any part of it, a person to whom this subsection applies who, with the intention of preventing the disclosure by the authority of the information, or part, to which the entitlement relates, alters, defaces, blocks, erases, destroys or conceals a record held by the authority, is guilty of an offence. Subsection (1) applies to the authority and to any person who is employed by, is an officer of, or is subject to the direction of, the authority. A person guilty of an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. 65A Time limit for proceedings Proceedings for an offence under section 65(1) may be commenced within the period of 6 months beginning with the date on which evidence that the prosecutor believes is sufficient to justify the proceedings came to the prosecutor’s knowledge. No such proceedings may be commenced more than 3 years— after the commission of the offence, or in the case of a continuous contravention, after the last date on which the offence was committed. In the case of a continuous contravention, the complaint may specify the entire period during which the offence was committed. A certificate signed by or on behalf of the prosecutor stating the date on which the evidence referred to in subsection (1) came to the prosecutor’s knowledge is conclusive as to that fact (and such a certificate purporting to be so signed is to be regarded as being so signed unless the contrary is proved). Section 136(3) of Criminal Procedure (Scotland) Act 1995 applies for the purposes of this section as it does for those of that section.

What can go right? In FOI terms: Efficiency of getting it right first time Greater focus for proactive publication Improved communications Enhanced reputation Compliance with legislation FOI requests become the backstop

Contact Us Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews KY16 9DS T: 01334 464610 E: enquiries@itspublicknowledge.info W: www.itspublicknowledge.info