“It’s public knowledge” Freedom of information law in Scotland Presentation to the Scottish Civil Justice Council Susan Gray 10 June 2013

Webinar overview Access to information in Scotland – who’s who? What does the legislation say? Current and recent developments Dealing with FOI requests – what will it mean for you? Where to go for help Questions

Access to information in Scotland Type of informationWhich law?Which Commissioner? General informationFreedom of Information (Scotland) Act 2002 Scottish Information Commissioner Environmental information Environmental Information (Scotland) Regulations 2004 Scottish Information Commissioner Personal informationData Protection Act 1998UK Information Commissioner

The Scottish Information Commissioner Rosemary Agnew Nominated by Scottish Parliament Appointed by HM The Queen 1 May 2012 Six year term Formerly: CEO of Scottish Legal Complaints Commission Assistant Ombudsman, Local Government Ombudsman

What does the legislation say? 1 General Entitlement (1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say? 1 General Entitlement (1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say? 1 General Entitlement (1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say? 1 General Entitlement (1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say? 1 General Entitlement (1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say? 1 General Entitlement (1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

Reasons for Refusal Information is not held Cost is excessive Vexatious or repeated Exemption applies

The FOISA exemptions Otherwise accessibleProhibition on disclosureFuture publication Relations within UKFormulation of policyPrejudice to conduct of public affairs National security & defence International relationsCommercial interests Investigations by public authorities Law enforcementConfidentiality Court records etc.Personal informationHealth, safety & environment Audit functionsCommunications with Her Majesty

Don’t forget the EIRs!! Recognising environmental info Elements Factors Measures What do I do if I get a request? Ask “is it environmental” Check with your FOI officer Guidance on OSIC website EIRs Environmental Information (Scotland) Regulations 2004 Subject to FOISA = subject to EIRS! EU Directive Reports Analyses State of human health

FOISA vs EIRs FOISAEIRs FormatIn writing onlyVerbal permitted Defining ‘public authority’In Schedule 1Wider definition ChargingFees regulationsSchedule of charges Cost limitUpper limit of £600No upper/lower limit What info is held?Excludes info held on behalf of anotherDoes not exclude info held on behalf of another Transfer of requestDoes not allow transfersAllows transfers Extending time limits20 working days –no extensionsCan be extended 40 working days Active disseminationPublication schemeActive and systematic Withholding informationExemptionsExceptions Public interest testApplies to some exemptionsApplies to all exceptions Prohibition on disclosureProhibitions apply under FOISAProhibitions overruled under EIRs

Current and recent developments The FOISA Amendment Act 2013 Consultation on s59 Designation of cultural and leisure bodies Collection of FOI statistics Learning and development strategy

What will it mean for you? Why bother? A simple checklist to keep you straight:  Know who is responsible for FOI in your authority?  Familiarise yourself with your authority’s FOI procedures – especially what to do when you receive a request?  Ensure you can recognise an FOI request?  Ensure you can recognise an EIR request?  Observe records management policies and procedures?  Do you hold information – be alert!

Hints and Tips 1: The three step process 1.ASK Request the information 2.ASK AGAIN Request the authority reviews its decision 3.APPEALAppeal to the Commissioner

Hints and tips 2: Recognising a request QuestionIs it a FOI request? 1What is your website address? 2Please send me your annual report. 3Please provide me with the Council’s expenditure on staff expenses for Under FOISA, I request a copy of the minutes of the meeting of the Scottish Civil justice Council held on 10 June 2013.

Hints and tips 2: Recognising a request QuestionIs it a FOI request? 1What is your website address? 2Please send me your annual report. 3Please provide me with the Council’s expenditure on staff expenses for Under FOISA, I request a copy of the minutes of the meeting of the Scottish Civil justice Council held on 10 June Does not have to be complex or difficult No need to mention the FOI Act No need to say who you are, why you are asking, or what you will use the information for Does not have to be made to a designated individual

Hints and tips 3: Records management matters “This decision involves perhaps the most serious catalogue of failings to search for and find information that the Commissioner has ever had to deal with”. 22 Feb 2012

Hints and tips 4: Be alert! Do you hold it? Council holds information on your behalf? You hold information on council’s behalf? And … Correspondence using personal mails/mobiles?

Hints and tips 4: Be alert! Do you hold it? Council holds information on your behalf? Covered You hold information on council’s behalf? Covered And … Correspondence using personal mails/mobiles? Likely to be covered!

Where to go for help Your FOI practitioner Our staff Our website

Further information: Susan Gray   Questions?