Freedom of Information. How it works inside the box

Transcription

1 Freedom of Information How it works inside the box

2 What we will look at in the box! How to get organised Role of the FOI Officer Fees Regime & Charges explained -Application of search and retrieval Role of the FOI Decision Maker -Decisions on FOI requests -How are they decided and notification of decision About the Decision Makers manual and Code of Practice.

3 Information Governance framework Freedom of Information an integral part of overall Information Governance framework in a Public Body

4 Structures and arrangements to support FOI Process Delegation of certain functions of heads 20. (1) A head may delegate in writing to a member of the staff of the FOI body concerned any of the functions of the head under this Act

5 Freedom of Information Process FOI request received Freedom of Information Officer Preliminary enquiries by FOI Officer : requester meets requirements of lawful process Decision Maker FOI officer considers transfer FOI Request transferred to other public body FOI Officer identifies most suitable Decision Maker Decision Maker Identifies relevant documents Decision Maker completes search and retrieval cost calculations and advised FOI Officer If below 100 Decision Maker Identifies and gathers all relevant records and prepares schedule 10 days max 10 days max FOI Officer writes acknowledgement letter to Requester Defined process for search and retrieval of s FOI Officer writes to requester where fee is required Clock stop FOI Officer receives deposit Clock starts Decision Maker deliberates on each record and determines status Decision Maker consults with third parties as necessary Decision Maker makes decision on request and completes schedule 20 days max FOI Officer QA s decision and records FOI Officer sends decision letter and any request for outstanding fee to requester FOI Officer receives outstanding fee FOI Officer releases records to requester FOI Officer informal consultation with other Public Bodies CPU 20 Internal Reviewer FOI Officer FOI Officer sends decision letter and records where no fee required Requester can request an internal review

6 Freedom of Information Process Freedom of Information basic timeline

7 Dedicated FOI Officer

8 Dedicated FOI Officer Source Code of Practice issued by CPU FOI officer is the gatekeeper for a Public Body s FOI requests FOI officer should have leadership skills and sufficient seniority and capability to raise significant issues with senior managers and the Board of the Public Body The FOI Officer should report at least on a biannual basis to senior management on the performance of the Public Body s responsibilities in relation to FOI

9 Dedicated FOI Officer Source Code of Practice issued by CPU FOI officer, is a focal point for advice and guidance within the public body FOI officer, should raise awareness on FOI matters with in the public body and organise, basic and advanced training courses on FOI at appropriate intervals Office of Government Procurement (OGP) framework in place. FOI officer maintains up to date information on relevant precedents for similar requests within public body

10 Dedicated FOI Officer Source Code of Practice issued by CPU The FOI officer should engage with the requester if they are of the opinion that the request is not valid or is not for the public body and work with the requester to clarify the request and/or advise that the request will be transferred to a more appropriate public body Sections 11(2) and 15(4) reasonable assistance to requester

11 Dedicated FOI Officer Source Code of Practice issued by CPU The FOI officer is the first point of contact with the public, the Central Policy Unit (CPU) and the Office of the Information Commissioner and must liaise effectively and maintain good relationships with these and with all interested parties

12 FOI Unit Log and track each FOI request Ensures website is up to date Publication of FOI request Disclosure log on a regular basis Central repository for all documents related to an FOI Request -vital in the case of an appeal and if similar request received

13 Fee Management Only 3 types of Fee now applicable Fees for Search and Retrieval Fees for Copying Fees for Appeals

14 Fee Management Once fee reaches 101, full amount chargeable Ceiling limit of 500 cannot charge a higher fee No charge if search and retrieval 5 hours or less Upper limit of 700 request can be refused under S15 but must work with requester to narrow scope before refusal Seek deposit before commencing work Release records on payment of balance of fee

15 Fee Management Appeal Fees:- Internal Review non-personal requests only - 30 ( 10 for Medical Card Holders) Appeal to OIC non-personal requests only - 50 ( 15 for Medical Card Holders) Other Fees:- 4 cent per sheet for photocopying 10 for a CD Rom 6 for an x-ray

16 Fee Management Search and Retrieval Costs

17 Decision Maker

18 Decision Maker What the Decision Maker does Work with requester to clarify scope of request Apply appropriate fees Adhere to the Act s timelines Gather, copy and schedule records Make decision in accordance with provisions of the Act Be aware of the bigger picture

19 Decision Maker Making the FOI decision Decision Maker must know what records the requester is seeking access to: If unclear, contact requester - telephone or is fastest Discuss the request and agree records that fall within the scope of request Use log to record details of the agreed scope of request Confirm with requester that they are in agreement and proceed on that basis ( confirmation response or include in acknowledgement letter)

20 Decision Maker Making the FOI decision Public Interest test applies to the following sections:- Section 29 Deliberations of FOI Bodies Section 30 Functions & Negotiations Section 32 Law Enforcement & Public Safety limited application Section 35 Information Obtained in Confidence S35(1)(a) only Section 36 Commercially Sensitive Information Section 37 Personal Information Section 39 Research & Natural Resources Section 40 Financial & Economic interests of the State

21 Decision Maker Be clear in your mind why you are making your decision in relation to each record REMEMBER - Section 22 Review by the Commissioner of decisions Section 22(12)(b) states:- In a review under this section (b) A decision to refuse to grant an FOI request shall be presumed not to have been justified unless the head concerned shows to the satisfaction of the Commissioner that the decision was justified.

22 Decision Maker Making the FOI decision The Harm Test Need to consider Harm Test in a number of the exemption sections of the FOI Act 2014 Language related to harm test - Affect aversely - Reasonably be expected to - Significant, adverse effect

23 Decision Maker Making the FOI decision The Harm Test What are the adverse consequences that may result from release of each of the records? Are the consequences significant? Is the deliberation on the record reasonable and based on an objective view of the evidence? Prove and document it in the Decision Letter!!

24 Decision Maker Making the FOI decision Section 38 Consultation:- Applies when release is being considered in the public interest (Sections 35(1)(a), 36 & 37) Strict procedures must be followed Third party has right to make submission this submission must be considered by Decision Maker in their deliberations on the record If decision is still to release, third party may appeal directly to OIC OIC makes final decision

25 Decision Maker Making the FOI decision Ensure all records that fall within the scope of the request are listed in schedule Decide what is to be released full release, partial release not for release defer release (if publication within 6 weeks of receipt of request)

26 Decision Make Making the FOI decision Complete the record schedule

27 Freedom of Information Process The Decision Maker maybe require to redact part of a record - Adobe professional is a good tool for redaction

28 Freedom of Information Process

29 Decision Make Making the FOI decision Prepare decision letter include:- Form and manner of access Exemption Sections relied upon Public Interest test where required Appeal rights Explanation of decision under each exemption

30 Internal Review

31 Internal Review -Section 21 Internal reviewers must consider cases afresh (de novo) in terms of evaluating the evidence and in terms of any new arguments put forward by the requester, and must adhere to the deadlines set out in the Act. The review process is completely independent of the original decision. It is recommended that reviewers should be from a different functional area than the decision-maker and, as required in the Act, be at a more senior level in the organisation

32 Internal Review -Section 21 Requester may seek an internal review Internal review must be requested within 4 weeks of the date of the original decision Internal Reviewer should be more senior than Decision Maker Complete review of original decision Internal Reviewer has 3 weeks to make a decision Internal Reviewer can affirm, vary or annul decision

33 Decision Makers manual

34 Decision Makers manual Part 1: Processing an FOI Request Acknowledging Receipt of Application Transfer of Requests Extension of Time Administrative Reasons for Refusing Request Deferral of Access Charges Summary of Time Limits Access to Parts of Records Forms of Access Notifying the Decision & Preparing the Statement Amendment of Personal Information Reasons for Decisions

35 Decision Makers manual Part 2: Exemptions & Consultation Procedures Section 28 Meetings of the Government Section 29 Deliberations of Public Bodies Section 30 Functions and Negotiations of Public Bodies Section 31 Parliamentary, Court and certain other matters Section 32 Law Enforcement and Public Safety Section 33 Security, Defence and International Relations Section 34 Ministerial Certificates

36 Decision Makers manual Part 2: Exemptions & Consultation Procedures Section 35 Information obtained in Confidence Section 36 Commercially Sensitive Information Section 37 Personal Information Section 38 Consultation Procedures Section 39 Research and Natural Resource Section 40 Economic & Financial Interests of the State & Public Bodies Section 41 Enactments relating to Nondisclosure of Records

37 Code of Practice

38 Code of Practice The Code of Practice was published by the Minister for Public Expenditure and Reform under section 48 of the FOI Act Section 48 also provides that the Minister may develop and issue guidelines under the Code; FOI and that public bodies shall have regard to the Code and any guidelines made under it in the performance of any function under the legislation.

39 Code of Practice The key function of the Code of Practice is to achieve greater consistency and uniformity of approach by public bodies in their processing of FOI requests than is currently evidenced.

40 Code of Practice In addition the Code of practice was developed to - To address existing challenges in implementing FOI To strengthen the framework and organisational arrangements for FOI in public bodies To better support the implementation of FOI a to minimise the administrative burden To better co-ordinate, deepen and widen the expertise and capacity of public bodies in regard to FOI.

41 Disclosure to the world at large! Disclosure log Code of Practice : best practice in publishing disclosure logs and information routinely requested etc. Advise of publication of requests on non personal requests in your acknowledgements and decision letters Have a dedicated FOI page on your organisations website Sample disclosure log

42 Final Thoughts! Do not be put off it is only by working with the Act that you get used to it Come up with a system that works for your Body remember those who come after you Make decisions in accordance with the Act Use the Networks talk to each other Don t try to make a decision on your own collaborate seek advice from FOI Officer Use CPU and OIC websites

43 Key Guidance! FOI Act 2014 CPU Code of Practice CPU Decision Maker Manual CPU guidance notes Public Service User Networks New Training Framework (OGP) FOI Officers Office of the Information Commissioner (OIC)

44 Freedom of Information Process Summary

45 Contact details Twitter