Information Scotland The Journal of the Chartered Institute of Library and Information Professionals in Scotland ISSN 1743-5471 Issue contents | Journal contents | About the online edition of the journal February 2004 Volume 2 (1)

News feature

Losing the secrecy culture

Molly Magee gives an overview of Freedom of Information legislation.

The Freedom of Information (Scotland) Act 2002 “...provides a right of access to information held by Scottish public authorities.”[1] The Act states that the legislation must be fully implemented by the end of 2005; however, the Scottish Executive announced in May 2003 that full implementation will be from 1 January 2005. The role of regulator for FOI in Scotland is held by the Scottish Information Commissioner (SIC), who was appointed in February 2003.

For the purposes of FOI, information is defined as being held in a “recordable” format e.g. hard copy, electronically held information (including email), video and audio formats (including CCTV). Most importantly, it refers to pieces of information, not specifically whole documents and particularly to non-personal information.[2] The distinction between FOI and the Data Protection Act (DPA) however, is not this clear. Requests to see information that an organisation holds about you for example, would come under the DPA and not FOI. Requests for information about third parties would be covered by FOI. The Act includes all information already held by public authorities not just that created after 1 Jan 2005.

Freedom of Information offers the opportunity for open, accountable and transparent government in Scotland. It will also bring about improved trust between public authorities and their customers, by allowing members of the public to participate in decision-making processes.

One of the most significant implications of FoI for public authorities is staff training. Members of the public will have a general entitlement to request access to information held by public authorities. The organisation is not permitted to ask why the information is required and requests for information could come to any part of an organisation therefore all staff (especially front-line staff) will require appropriate training before 1 January 2005.[3] Some practitioners also recommend the creation of an FOI “section” or “expert” to handle requests and cascade training. FOI will also place a greater demand on public authority resources, not least of which will be greater workloads for staff involved in dealing with FOI requests. Many public authorities will have to improve their records management systems if they are to be able to satisfy their obligations under the legislation and the codes of practice.

Requests must be in a recordable format, including audio or video cassette, or Braille. although provisions can be made where appropriate. The information should be provided free or at a capped rate within 20 working days and applicants have the right of appeal to the Scottish Information Commissioner if they are dissatisfied.

An information audit should be conducted to identify the nature of information held by the public authority, and locate its whereabouts. In addition, public authorities should also identify the person (or persons) designated to make decisions with regard to disclosure of information and the recording of these decisions. Consideration should also be given to identifying what people may want to know about your organisation and how they will access your services. Consistency is another important factor; organisations should strive to ensure that all requests receive the same standard of response.

Public authorities have a number of obligations under FOI:

• The production of a publication scheme
• Provision of advice and assistance for applicants
• Adherence to timescales – there are several groupings of public authorities and each has its own submission and approval dates for the production of publication schemes.[4]
• Establishing evaluation and monitoring procedures.

Publication schemes must specify the classes of information which the authority publishes or intends to publish; the manner in which information of each class is, or is intended to be, published; and whether the published information is, or is intended to be, available to the public free of charge or on payment.[5] Publication schemes can prove beneficial to public authorities. Proactive publishing can reduce requests for information and serve as a means of publicising the work of the organisation. There are, however, a number of points to note:

• Organisations must identify classes of information that they hold, not the documents themselves[6]
• The scheme must be produced in text format, not just a web version (Disability Discrimination Act guidelines would require alternative formats to be made available if requested). It should be submitted to SIC for approval.[7]
• Schemes may be refused if a public authority refuses to make changes as recommended by SIC.

The culture-shift towards openness within public authorities must be led from the top and needs complete backing from senior management. In addition, the organisation should ensure that staff and customers are aware that the organisation is open. Public authorities can take a number of steps to ensure that they are prepared for FOI. Firstly, they can pre-empt some requests by publishing more information via publication schemes. Secondly, by utilising risk assessment and scenario planning techniques, they can identify information that is likely to cause problems if requested.

Organisations should also consider the Code of Practice on Records Management, which states that “...any FOI legislation is only as good as the quality of records to which it provides a right of access.” Good records management needs to be designated as a specific corporate function requiring appropriately trained staff, taking a coordinated approach (both FOI and DPA rely on properly managed records). It requires full backing from senior management and a strong records management policy.

A records management policy will address a number of issues, such as:

• Information Audit
• Retention policy – how long do you need to keep information?
• Destruction policy – who authorises the destruction of information and when, why and how should it be destroyed?
• Archival Policy – which records should be transferred to the archive and which require permanent preservation?

FOI legislation is coming to Scotland, and it’s coming soon! Public authorities need to be aware of their obligations to their customers and how the legislation will affect them.

Notes

1. Freedom of Information (Scotland) Act 2002 (Explanatory Note).
2. Access to personal information is covered under the Data Protection Act.
3. The Scottish Executive commissioned a firm called Mason’s Solictors to produce a staff training pack.
4. See http://www.itspublicknowledge.info/timetable.htm
5. Scottish Information Commissioner. Guide to publication schemes. (www.itspublicknowledge.info/psg.pdf)
6. The act is vague as to the definition of the term “classes”.
7. OSIC has produced guidance on the preparation of publication schemes including timetable, suggestions for content and submission advice. The website also gives advice on the use of Model publication schemes.

Information

The Stationery Office www.tso.co.uk/foiscotland/

Scottish Executive FoI Introduction www.scotland.gov.uk/Topics/?pageID=198

Scottish Information Commissioner www.itspublicknowledge.info/index.htm

Freedom of Information (Scotland) Act 2002 www.scotland-legislation.hmso.gov.uk/legislation/scotland/acts2002/20020013.htm

Code of Practice on Records Management www.scotland.gov.uk/about/FCSD/MCG-NW/00018022/s61code.pdf

Publication Schemes www.itspublicknowledge.info/pscheme.htm

Campaign for Freedom of Information www.cfoi.org.uk/

Molly Magee is Portals Development Officer, SLIC.

Information Scotland Vol. 2 (1) February 2004

Information Scotland is delivered online by the SAPIENS electronic publishing service based at the Centre for Digital Library Research. SLAINTE (Scottish libraries across the Internet) offers further information about librarianship and information management in Scotland.