Public rights of access to information Grisilda Ponniah, Corporate Information Governance Manager Mary Elliott, FOI Officer Legal & Democratic Services
Information & Governance Team
Contents • • • Reminder of Legislation FOI/EIR Example of FOI (DP issues) Statistics DPA
Legislation o o Freedom of Information Act 2000 –right of access to information held by a public body – respond within 20 working days. Code of practice on records management Environmental Information Regulations 2004 –right of access to environmental information – respond within 20 working days (or 40 working days in certain cases) Data Protection Act 1998 –right of access to your own personal information – respond within 40 calendar days Other – o o Local Government Act 1972 Audit Commission Act 1998 – 20 working days window once a year to come in inspect and copy background documents (can include Contracts) to Accounts o Veolia Case (Waste Contract) 5 July 2010
Access under FOI/EIR
Transparency Agenda • Dr Povey has stated the Council’s commitment to openness and transparency demonstrated by • Introduction of webcasting • Publishing of spend data over £ 5, 000 • Publishing of details of contracts over £ 50, 000
Our duties under FOI/EIR o Confirm/deny if information is held o Respond and supply within legal timescales unless: • Not held • Vexatious/repeated • Exceeds cost limit (18 hours work) (NB does not apply to environmental information) • Exemption applies
Applying the FOI exemption for third party personal data: the Tribunal’s approach in House of Commons v IC & Leapman, Brooke and Thomas upheld in the High Court To comply with the DPA, a disclosure of personal data under the FOIA must: • be fair and lawful; • meet one of the conditions in Schedule 2 of the DPA; • in the case of sensitive information (such as information about health or criminal activity) also meet one of the conditions in Schedule 3; and, • take into account the reasonable expectations of the individual.
Relevant Schedule 2 Condition The Schedule 2 condition most likely to be relevant is that at paragraph 6: “The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject”.
The Approach In considering the application of this condition to a disclosure under the FOIA, the Tribunal applied a threestage test: • Is there a legitimate public interest in disclosure? • Is the disclosure necessary for that legitimate public interest? • Is the disclosure nevertheless unwarranted because of an excessive or disproportionate adverse effect on the legitimate interests of the individual(s) concerned?
Volume of requests
Volume of requests
How we dealt with Requests
Breakdown of Refusals
Who is asking for information
What are they asking about Most popular topics recently • Potholes • Information about deceased persons Other • Senior manager pay and training • Council Tax More unusual • Meetings with Pagan Groups • Complaints about ghosts • Feng Shui training
Any Questions?
Access under DP Act (Subject Access Requests)
What is Personal Data? o “Personal Data” - any information relating to an identified or identifiable living individual (data subject) o An identifiable person – a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity
Notification to ICO o o ICO is regulator – requires notification Various roles as an elected member: o o o member of the council - eg member of a committee – SCC notifies representative of residents of your ward - eg dealing with complaints – SCC notifies representative of a political party - particularly at election time – party notifies Description of the processing activities is placed on a public register of notifications You must comply with data protection principles - framework for the proper handling of personal information
8 Principles of ‘Good Information Handling’ 1. 2. 3. 4. 5. 6. 7. 8. Fairly and lawfully processed Processed for limited purposes Adequate, relevant and not excessive Accurate and up to date Not kept for longer than is necessary Processed in line with your rights Secure Not transferred to other countries without adequate protection
Points to remember o o o Ensure language used in any recorded information is appropriate as it could be made available on request Date stamp all written requests for information as soon as received and pass non routine ones immediately to our team It is a criminal offence to conceal, damage or destroy records after they have been requested No exemption for embarrassment You need to manage your records
Any Questions?
Contact Details • External website – under F for Freedom of Information in the AZ and D for Data Protection (online forms available to make requests) • Email xxx@xxxx. xx • Room 134 County Hall • Mary Elliott (Freedom of Information Officer) • 020 8541 7969 • Grisilda Ponniah (Corporate Information Governance Manager) • 020 8541 9915
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