“It’s public knowledge”Freedom of information law in Scotland

Presentation to the Scottish Civil Justice Council

Susan Gray

10 June 2013

Webinar overview

Access to information in Scotland – who’s who?What does the legislation say?Current and recent developmentsDealing with FOI requests – what will it mean for you?Where to go for helpQuestions

Access to information in Scotland

Type of information Which law? Which Commissioner?

General information Freedom of Information (Scotland) Act 2002

Scottish Information Commissioner

Environmental information

Environmental Information (Scotland) Regulations 2004

Scottish Information Commissioner

Personal information Data Protection Act 1998 UK Information Commissioner

The Scottish Information Commissioner

Rosemary AgnewNominated by Scottish Parliament Appointed by HM The Queen1 May 2012Six year termFormerly:

CEO of Scottish Legal Complaints CommissionAssistant Ombudsman, Local Government Ombudsman

What does the legislation say?

1 General Entitlement

(1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say?

1 General Entitlement

(1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say?

1 General Entitlement

(1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say?

1 General Entitlement

(1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say?

1 General Entitlement

(1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

What does the legislation say?

1 General Entitlement

(1) A person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority.

Reasons for Refusal

Information is not held

Cost is excessive

Vexatious or repeated

Exemption applies

The FOISA exemptions

Otherwise accessible Prohibition on disclosure Future publication

Relations within UK Formulation of policy Prejudice to conduct of public affairs

National security & defence

International relations Commercial interests

Investigations by public authorities

Law enforcement Confidentiality

Court records etc. Personal information Health, safety & environment

Audit functions Communications with Her Majesty

Don’t forget the EIRs!!

Recognising environmental info

Elements

Factors

Measures

What do I do if I get a request?

Ask “is it environmental”

Check with your FOI officer

Guidance on OSIC website

EIRs

Environmental Information (Scotland) Regulations 2004

Subject to FOISA = subject to EIRS!

EU Directive

Reports

Analyses

State of human health

FOISA vs EIRs

FOISA EIRsFormat In writing only Verbal permitted

Defining ‘public authority’

In Schedule 1 Wider definition

Charging Fees regulations Schedule of charges

Cost limit Upper limit of £600 No upper/lower limit

What info is held? Excludes info held on behalf of another Does not exclude info held on behalf of another

Transfer of request Does not allow transfers Allows transfers

Extending time limits 20 working days –no extensions Can be extended 40 working days

Active dissemination Publication scheme Active and systematic

Withholding information Exemptions Exceptions

Public interest test Applies to some exemptions Applies to all exceptions

Prohibition on disclosure Prohibitions apply under FOISA Prohibitions overruled under EIRs

Current and recent developments

The FOISA Amendment Act 2013

Consultation on s59

Designation of cultural and leisure bodies

Collection of FOI statistics

Learning and development strategy

What will it mean for you?

Why bother?

A simple checklist to keep you straight:

Know who is responsible for FOI in your authority? Familiarise yourself with your authority’s FOI procedures – especially

what to do when you receive a request? Ensure you can recognise an FOI request? Ensure you can recognise an EIR request? Observe records management policies and procedures? Do you hold information – be alert!

Hints and Tips 1:The three step process

1. ASK Request the information

2. ASK AGAIN Request the authority reviews its decision

3. APPEAL Appeal to the Commissioner

Hints and tips 2:Recognising a request

Question Is it a FOI request?

1 What is your website address?

2 Please send me your annual report.

3 Please provide me with the Council’s expenditure on staff expenses for 2012.

4 Under FOISA, I request a copy of the minutes of the meeting of the Scottish Civil justice Council held on 10 June 2013.

Hints and tips 2:Recognising a request

Question Is it a FOI request?

1 What is your website address?

2 Please send me your annual report.

3 Please provide me with the Council’s expenditure on staff expenses for 2012.

4 Under FOISA, I request a copy of the minutes of the meeting of the Scottish Civil justice Council held on 10 June 2013.

Does not have to be complex or difficultNo need to mention the FOI ActNo need to say who you are, why you are asking, or what you will use the information forDoes not have to be made to a designated individual

Hints and tips 3:Records management matters

“This decision involves perhaps the most serious catalogue of failings to search for and find information that the Commissioner has ever had to deal with”.

22 Feb 2012

Hints and tips 4:Be alert! Do you hold it?

Council holds information on your behalf?

You hold information on council’s behalf?

And …

Correspondence using personal mails/mobiles?

Hints and tips 4:Be alert! Do you hold it?

Council holds information on your behalf? Covered

You hold information on council’s behalf? Covered

And …

Correspondence using personal mails/mobiles? Likely to be covered!

Where to go for help

Your FOI practitioner

Our staff

Our website

Further information:

Susan Gray

www.itspublicknowledge.info 01344 464610

@ sgray@itspublicknowledge.info@ arennie@itspublicknowledge.info

Questions?