FOI/EIR FAQs for staff
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Do I have to treat EIR requests differently to FOI requests?
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What do I do if I feel that the requested information should not be disclosed?
What is freedom of information? |
The freedom of information legislation, which comprises the Freedom of Information (FOI) Act 2000 and the Environmental Information Regulations (EIRs) 2004
There are some situations where information is not required to be released and should not be released. The ºÚ¹Ï³ÔÁÏÍø fully supports this increased public access to information; however FOI and the EIRs are not intended to mean that all University information may now be divulged by you. Reasons including personal data, confidentiality, and the commercial interests of the University may still mean that some information is not and should not be released. |
What is "Environmental Information"? |
As a general guide, "Environmental information" can be summarised as:
The formal definition of "Environmental Information" is given in Part 1 of the . Environmental information for the ºÚ¹Ï³ÔÁÏÍø is given in the section Environmental information in the publication scheme.
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Do I have to treat EIR requests differently to FOI requests? |
There are many similarities between the two regimes, including the timescales for responding to a request. However, the EIRs do not specify that requests must be in writing, which means that telephone requests on environmental matters will also be valid (although in practice it is advisable to make a written record of any verbal requests received). There are some differences in the way that information that is not disclosed is dealt with. FOI has a series of exemptions that can be applied, while the EIRs have a series of exceptions. There are also some differences in the way that extremely time-consuming requests are dealt with. If you think that a request for information that you have received falls into any of these categories, contact the IMPS Office at the earliest opportunity to ensure that the request is dealt with correctly under the appropriate regime. |
What difference does FOI/EIR make to me? |
As an employee of the University you need to be aware of the freedom of information legislation and be prepared to act quickly if you receive a request for information. You should also be aware that all University records, including the records you hold both on campus or remotely, such as at home, may potentially be disclosed to the general public. See the leaflet FOIA: Essential Information for all staff (PDF-146KB) for further details. |
What is an information request? |
There is a distinction between requests and routine correspondence. Requests for information that can be treated as business as usual - such as requests for recruitment brochures, leaflets, press releases and the text of public speeches - should be provided as routine correspondence, without being treated as an FOI/EIR request. Requests that are not for recorded information, but instead ask questions, such as "please explain your policy on x" or "please explain your decision to do y" are not requests for recorded information and therefore should also be treated as routine correspondence. But, as a "rule of thumb":
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What training should I do? |
All staff should undertake the Mandatory Online Courses, which include the Information Compliance modules. For further training the IMPS office staff run a series of programmes designed to inform and train staff on issues relating to information management and compliance. See People Development for further details and information on how to sign up. |
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Who within the University can advise me on FOI/EIR issues? |
Every School or Service has an IMPS Contact who has been trained to manage and direct queries and enquiries relating to the Freedom of Information Act (FOI), the Data Protection Act (DPA) and any other relevant information-related legislation. If your IMPS Contact is unable to help you can contact the IMPS Office for advice. A list showing the name of the IMPS Contact for each unit is available with their contact details to help you to find your local IMPS Contact. |
What do I need to know if someone requests information from me about the University or about any other information we hold here? |
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What should I do when I receive a request for information and do I need to recognise it as an FOI or EIRs request? |
How you handle the request depends on the nature of it and your role in the University. If you routinely give out certain information to the public, staff and students, continue to give out this information as before. If you receive a request for information which:
pass the request immediately to the IMPS Office. When you are in doubt about any request for information you receive please contact the IMPS Office. |
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The University has a central office for dealing with FOI queries and FOI requests, the Information Management and Policies Services (IMPS) Office. The IMPS Office will record and respond to non-routine requests for information by processing them as FOI requests. The IMPS Office will require the assistance of the appropriate members of staff in: (a) determining whether the information is held by the University; (b) locating the information (or documents which may contain the information); (c) retrieving the information (or a document which may contain the information); and (d) extracting the information from documents containing it. |
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As a researcher, what do I need to know if someone requests my research data from me? |
In addition to the points raised in the previous FAQs for all members of staff, as a researcher you need to know that information requested in a FOI or EIR request could include your research data. If requested, the information must be provided unless an exemption or exception allows the University not to disclose it. Some useful guidance to researchers can be found in the JISC document . As with all requests for information, unless they are "business as usual" type requests, you should inform the IMPS Office about the request as soon as possible to ensure that the necessary procedures are followed. |
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As an academic tutor, how does the FOI Act affect me? |
Freedom of Information issues that affect you as a tutor are described in detail in the Data protection and Freedom of Information section of the Academic Tutor's Handbook. This includes advice on keeping records and dealing with enquiries from third parties. |
It is not necessary to create new information in order to answer a request, even if this can be easily done from other information that is held. However, the University should provide the requestor with advice and assistance so that they may understand what information is held and could be requested. In these cases, pass the request immediately to the IMPS Office. When you are in doubt about any request for information you receive please contact the IMPS Office.
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Are people entitled to request specific documents? |
The legislation gives an entitlement to information rather than documents, although the information requested will often consist of a whole document. Note that, although most information is held in the form of documents, it is also necessary to consider other media such as video tapes, microfiche or photographs, which contain information. It is not necessary to create new information in order to answer a request, even if this can be easily done from other information that is held. However, the University is obliged to provide the requestor with advice and assistance so that they may understand what information is held and could be requested. |
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What do I do if I feel that the requested information should not be disclosed? |
Do not wilfully destroy or alter any original documents that are the subject of a request. This is a criminal offence for the individual responsible (not the University); it carries a potential fine of up to £5,000. Any document for destruction must be handled in accordance with the University's Records Management arrangements. If a document that has been requested is due for destruction according to the university's record retention schedule it can be destroyed but it would be advisable to check this with the IMPS office before carrying out the destruction. It is important that you do not withhold information without clear justification under one or more of the exemptions or exceptions allowed by the legislation. Unjustified withholding will only undermine the reputation of the University in the eyes of the public and the Information Commissioner. The most common reasons why information can be withheld under FOI are:
If you are unsure about whether certain information should be disclosed, consult the IMPS Office at the earliest opportunity to discuss your concerns. The IMPS Office will deal with any requests that may need to invoke the use of exemptions/exceptions. |
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Can a request be made via Twitter? |
The Information Commissioner (IC) has advised that universities should be prepared to receive and respond to freedom of information (FOI) requests made through official University-managed Twitter accounts in the same way as they would an email or letter. University staff using Twitter as an official communications tool should be aware that FOI requests can be received by this channel. Valid requests could be received by direct messages or by the @mentions facility whereby the owner can check for references to the University. The position of personal Twitter accounts, ie staff with individual accounts registered under a University email address, is unclear. It is possible that requests to these accounts could be considered valid. Until we have further guidance from the Information Commissioner staff are advised to err on the side of caution and simply follow the procedure set out below. Using Twitter to submit valid FOI requests does pose challenges. Firstly, Twitter messages only have a standard 140 character limit which can make both framing a request and responses difficult. Secondly, to be a valid FOI request there should be a name and address for correspondence, which arguably if rigidly enforced could invalidate some requests as individuals often do not use their real names. Thirdly, official Twitter accounts may not be regularly monitored for requests making them an unreliable method of asking for information under FOI. However despite the challenges that this medium poses, colleagues should simply follow the established procedures when dealing with requests for information received via any medium:
refer the message to the IMPS Office. |
Read further guidance
- Office of the Information Commissioner's
Contact
- Your local IMPS Contact
Contact IMPS
- Email:
imps@reading.ac.uk
- Telephone: +44 (0) 118 378 8981
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