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 Process Fix Feedback- Birkbeck FOI responses

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

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

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

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

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

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

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)

Spotting a FOI Request? Requests must be in writing - 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

Still Spotting a FOI Request Ticking clock - starts day after Birkbeck arrival Promptly and within 20 working days Requests may cover any subject 1.Important – student numbers & complaints 2.Trivial - details of photocopying contracts 3.Irrelevant – animal experiments

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

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

Who makes FOI requests FOI RequesterPercent External Contractor25% Individual36% Media30% Political & Campaigns7% Student2% HEI1% Total100%

What Issues – FOI Requests Subject - GeneralPercent Contracts - IT & Telephony22% College business19% Employment17% Student numbers & assessment26% Tuition Fees7% Research Funding & Bursaries6% Animal Testing3% Total100%

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

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

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

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

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 s