Freedom of Information. How it works inside the box

Similar documents
THE UNIVERSITY OF DUBLIN Trinity College

Freedom of Information Act 2014 an overview. Mary Moran-Long PhD BL

Freedom of Information Act Policy

HOUSES OF THE OIREACHTAS COMMISSION HOUSES OF THE OIREACHTAS SERVICE FREEDOM OF INFORMATION

FREEDOM OF INFORMATION ACT 2000 SUMMARY GUIDANCE

Receiving and Responding to a Freedom of Information Act Request: Standard Operating Procedure

INTRODUCTION 3 ABOUT THE NTPF 4 CLASSES OF RECORDS HELD BY THE NATIONAL TREATMENT PURCHASE FUND 5 HOW TO OBTAIN INFORMATION UNDER THE FOI ACT 7

Access to Information

The guidance will be developed over time in the light of practical experience.

Queensland FREEDOM OF INFORMATION ACT 1992

Freedom of Information Policy

UCL Freedom of Information Policy

SUBJECT ACCESS REQUEST

Functions and Records

Making a Freedom of Information request

Freedom of Information Procedure Manual

CITY OF VANCOUVER DUTY TO ASSIST

City of Midland. Freedom of Information Act. (P.A. 442 of 1976, as amended) Administrative Policy

Freedom of Information

Freedom of Information Memorandum of Understanding (signed 24 February 2005)

JULY Scottish Police Authority. complaints audit

FREEDOM OF INFORMATION ACT

SFJCI301 Retain, record, review and reveal material as the appointed Disclosure Officer

Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004 (SI 2004 No.

PSFOA - Public Records Requests 3/12/2014. March 12, Tammy White Assistant City Attorney for the City of Kent. Objectives

Issue Committees. A major purpose of supporting or opposing any ballot issue or ballot question; and 22 P a g e

Legal Aid Ontario. Privacy policy

2.16 Freedom of Information and Protection of Privacy Act

Care Proceedings and Information Disclosure Protocol and Good Practice Model: Linked criminal and care proceedings

The OIA for Ministers and agencies

Merrydale Infant School Freedom of Information Act

Pentwater Public Schools FOIA Procedures and Guidelines

PROCEDURE (Essex) / Linked SOP (Kent) Data Protection. Number: W 1011 Date Published: 24 November 2016

Freedom of Information Policy, Procedures and Requests

STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF MIDLAND

Making official information requests

International Council on Archives

Freedom of Information Policy

PRACTICE DIRECTION [ ] DISCLOSURE PILOT FOR THE BUSINESS AND PROPERTY COURTS

The LGOIMA for local government agencies

FREEDOM OF INFORMATION. Gillian Duggin and Felicity Millner, Environmental Defender s Office

Freedom of Information Act (FOIA) Procedures and Guidelines July, 2015

Policy Summary. Overview Why is the policy required? Awareness and legal compliance with Bribery Act is required to minimise risk to UHI and its staff

FREEDOM OF INFORMATION ACT. Policy & Procedure Guide

Charities & Not-for-Profits Overview of Data Protection Law

Freedom of Information Act Procedure

Public Prosecution Service of Canada. Annual Report on the Privacy Act

Nova Scotia Department of Health Continuing Care Branch. Financial Decision Review Policy

The Enforcement Guide

Responding to Information Requests

Internal review decision made under the Freedom of Information Act 1982

Data Protection Policy. Revisions and Editions Log

Campaign Finance Manual

Processes for Freedom of Information Act 2000 (FoIA) Compliance Standard Operating Procedures (SOPs) Version Version 3.1 Summary

DISCLOSURE & BARRING SERVICE GUIDANCE NOTES PLEASE READ THESE NOTES CAREFULLY BEFORE COMPLETING YOUR DBS DISCLOSURE APPLICATION FORM

FREEDOM OF INFORMATION

TERMS OF REFERENCE. Issued Date: 3 January 2011

BERMUDA PUBLIC ACCESS TO INFORMATION REGULATIONS 2014 BR 79 / 2014

U.S. Department of Homeland Security Citizenship and Immigration Services Administrative Appeals Office

ACCESS TO PORT PUBLIC RECORDS

Great Leighs Primary School. Data Protection and Freedom of Information Policy. Adopted: April Review Date: April 2018.

Seeking an Amendment to an Environmental Assessment Certificate. Guidance for Certificate Holders

APPLICATION FOR COMMUNICATIONS DATA (UNDER THE DATA PROTECTION ACT 1998) RESTRICTED

Access to Information held by the Food Safety Authority of Ireland

IN THE MATTER OF the Utilities Commission Act, RSBC 1996, Chapter 473. and. the British Columbia Utilities Commission Rules of Practice and Procedure

Information Sheet - 01/2012. POBAL Reconciliation of grant related income and expenditure returns to POBAL with the annual financial statements

SECOND SUPPLEMENT TO THE GIBRALTAR GAZETTE No of 28 November, 2002

Compliance & Enforcement Manual

PROCEDURES FOR RECOGNITION OF SPECIALTIES AND PROFICIENCIES IN PROFESSIONAL PSYCHOLOGY. Approved by the APA Board of Directors August 2009

Environmental Information Regulations Decision Notice

FREEDOM OF INFORMATION REQUEST

PUBLIC RECORDS ACT POLICY. Policy Number: REC Policy Effective Date: September 6, 2017

The Freedom of Information (Jersey) Law, 2011

The Procedural Requirements

British Columbia. Health Professions Review Board. Rules of Practice and Procedure for Reviews under the Health Professions Act, R.S.B.C. 1996, c.

FREEDOM OF INFORMATION ACT 2000 POLICY

VILLAGE OF CASNOVIA FREEDOM OF INFORMATION ACT PROCEDURES AND GUIDELINES (THE PROCEDURES ) I. INTRODUCTION

Data Protection Bill [HL]

CHURNET VIEW MIDDLE SCHOOL POLICY FOR FREEDOM OF INFORMATION ACT 2000

Precedent Standard Cost Agreement

GOVERNANCE MANUAL FOR COUNTRY COORDINATING MECHANISM (CCM), BHUTAN THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA

A guide to the six-month process for notified resource consent applications

THE LAW SOCIETY CONVEYANCING ARBITRATION RULES

Key Dates prior to Federation AGM so that Federation Within 4 weeks of the

Guide for Municipalities

THE FREEDOM OF INFORMATION ACT, Arrangement of Sections PART I PRELIMINARY

AGRICULTURAL LAND COMMISSION PRACTICE DIRECTIVE APPEALS UNDER SECTION 55 OF THE AGRICULTURAL LAND COMMISSION ACT

Cuyahoga County Common Pleas Court Local Rules 39.0 ELECTRONIC FILING OF COURT DOCUMENTS

Data Protection Policy

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY BYLAW

FREEDOM OF INFORMATION ACT

CORPORATE COMPLAINT HANDLING OPERATING GUIDELINE (INCLUDING SECTION 270 INTERNAL REVIEW OF COUNCIL DECISIONS OR GRIEVANCES)

54th Convention August 6-10, 2018 Seattle, Washington INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS

GUIDELINES FOR QUASI-JUDICIAL PROCEEDINGS BEFORE THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ("BOARD")

Data Protection Bill [HL]

North Yorkshire County Council. Subject Access Request Guidance and Procedure. Data Protection Act 1998

KING COUNTY HOUSING AUTHORITY PUBLIC RECORDS DISCLOSURE POLICY

/...1 PRIVATE ARBITRATION KIT

City of Tacoma. Procedures for Public Disclosure Requests

PUBLIC PROCUREMENT AND CONCESSIONS REGULATIONS

Transcription:

Freedom of Information How it works inside the box

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.

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

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

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 emails 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

Freedom of Information Process Freedom of Information basic timeline

Dedicated FOI Officer

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

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

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

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

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

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

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

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

Fee Management Search and Retrieval Costs

Decision Maker

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

Decision Maker Making the FOI decision Decision Maker must know what records the requester is seeking access to: If unclear, contact requester - telephone or email 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 (email confirmation response or include in acknowledgement letter)

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

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.

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

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!!

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

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)

Decision Make Making the FOI decision Complete the record schedule

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

Freedom of Information Process

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

Internal Review

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

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

Decision Makers manual http://foi.gov.ie/

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

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

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

Code of Practice

Code of Practice The Code of Practice was published by the Minister for Public Expenditure and Reform under section 48 of the FOI Act 2014. 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.

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.

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.

Disclosure to the world at large! Disclosure log Code of Practice : 37... 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

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

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)

Freedom of Information Process Summary

Contact details email mashe@hiqa.ie Twitter - @suzieashe1