Freedom of Information Act Training

Contents

• University Publication Scheme
• Access to Information
• Committee Administration
• Exemptions from the Right of Access to Information
• How the Act Impacts on Public Sector Contracts
• Records Management Commissioners Guidance
• Code of Practice on Discharge of Public Authorities Functions
• Frequently Asked Questions
• For Further Information
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The University of Central Lancashire Publication Scheme

Access to Information under the Act

The right of access:

The entitlement is:

• To be told whether the information requests exist;
• To be given the information (preferably in the format requested);
• To be given reasons for a decision to withhold the information.

Requests for information in the Publication Scheme or for information that the University routinely makes available will continue to be made available to enquirers in the normal manner.

If someone enquires about how to make a request, or makes a request under the Act but it is unclear, there is a handout which can be given to them which offers guidance and contains an FOI Request form to return to ourselves. This may be a useful guide to staff as well.

The right of access to information affects all members of staff at this institution. For a brief guide see Freedom of Information: This Law Affects You!

Some members of staff may need slightly more knowledge about dealing with requests than the above document contains but are not in need of the detailed information required by designated FOI/DPA contacts. For members of staff who feel they need more information, or for FOI/DPA contacts who want a guide to give to staff in their area see Dealing with Requests for Information: A Guide for Staff

The FOI/DPA contacts for each area will need more detailed knowledge about the Freedom of Information Act and the Right of Access in order to be able to advise others. See the following guide for officers - Dealing with Requests for Information: A Guide for School/Service Officers

Exemptions from the Right of Access to Information

There are some exemptions from the right of access to Information under the Freedom of Information Act. Where the university receives a request the decision whether or not to claim an exemption will be made by the Freedom of Information Officer email: dpfoia@uclan.ac.uk.

Details of exemptions can be viewed at  http://www.ico.gov.uk/what_we_cover/freedom_of_information/guidance.aspx#exemptionsguidance 

If you receive a request please email: dpfoia@uclan.ac.uk.

Committee Administration

Agendas/Minutes/Papers prepared for main University Committees include a cover sheet to detail whether or not an exemption will be apply to releasing that information under the Freedom of Information Act.  Detailed guidance on how to prepare this cover sheet is included in the Committee handbook available from AQaSU.

How the Act Impacts on Public Sector Contracts

The Access Code issued under s.45 of the act gives the following advice about contract terms:

"When entering into contracts with non-public contractors public authorities may be asked to accept confidentiality clauses, for example, to the effect that information relating to the terms of the contract, its value and performance, will not be disclosed. Public authorities should carefully consider the compatability of such terms with their obligations under the Act. It is important that both public authority and the contractor are aware of the limits placed by the Act on the enforceability of such confidentiality clauses.

The university should include the requirements of the Freedom of Information Act in its contracts with its suppliers. Please speak with Purchasing if guidance is needed about this.

If you require guidance about confidentiality provisions in other contracts (where the University's right to disclosed under the Freedom of Information Act should be prepared) please speak with the Contracts Officer in SDS.

Records Management

The Freedom of Information Act requires that good records management processes are in place.

Information Commissioner's Guidance

The Information Commissioner's Office is the UK's independent authority set up to promote access to official information and to protect personal information.  The website of the Commissioner has detailed guidance on the operation of the FOI Act.

Code of Practice on Discharge of Public Authorities Functions

A requirement of the Freedom of Information Act was that Lord Chancellor would provide two Codes of Practice for Public Authorities to assist them in the operation of the Acts. 

The Ministry of Justice website provides access to these Codes:

1  Code of Practice on the discharge of public authorities' functions 

2  Code of Practice on Records Management

Frequently Asked Questions

For a list of the most frequently asked questions with regards to the Freedom of Information act please follow the link.

For Further Information

As a member of the University you may have further questions or training needs with regards to the Freedom of Information Act. If so you may wish to contact the designated FOI/DPA contact or email:  dpfoia@uclan.ac.uk - Freedom of Information/Data Protection Office

If you feel you require further information on the Freedom of Information Act and it's impact on yourself or your area then it may be obtained from Information Commissioner's web site

Additional information is available from:

Ministry of Justice web site

Public Record Office web site

Joint Information Systems Committee web site

Email: dpfoia@uclan.ac.uk, Telephone: 892561