A Guide for Staff

The Freedom of Information Act ("the Act") is intended to allow anyone in the community to obtain information they require from publicly-funded bodies. Hence, the University is covered by the legislation, which places three basic requirements on us:

• that we routinely put in the public domain as much information about ourselves as is reasonably possible;
• that we ensure that, where an individual requires information that we hold but have not already published, we provide the enquirer with the relevant information;
• that we have in place a properly structured approach to managing records to ensure that essential records of our activities are maintained in appropriate detail (and hence relevant information is readily available to the public).

This guide is specifically designed to explain how we deal with requests for information that come under the terms of the Freedom of Information Act. For information about the University and the Data Protection Act, please see the relevant pages on the University website. This briefing note has also been developed to provide additional guidance for staff.

Information Officer

The Vice-Chancellor has designated Kevin Wright "Information Officer", responsible for managing our responsibilities under the Freedom of Information and the Data Protection Acts. Please note that in our policy documents, you may find anachronistic references to "the Information Officer" and the "Information Officer": please understand both these titles now to be superseded by "Information Officer".

The University's Publication Scheme

The University already places a great deal of information in the public domain, including minutes and papers from bodies such as Academic Board and its subcommittees, the Board of Governors, submissions made to national quality assurance bodies and associated statistical information, etc. These are usually published via the University website, though some materials are published on paper and then made generally available (for example much of the material given out on campus visit days).

As required by the Freedom of Information Act, all of the information that the University places in the public domain is listed in our Publication Scheme, which describes both the types of information available and how to obtain it.

The Right to Request Information

The right to request information under the Act extends to anyone who wishes to make an enquiry - they might be an employee or student of the University, an employee of some other organisation or any other member of the public. There is no limitation on who may make an enquiry - the law gives the right to minors and adults alike, and foreign nationals (even those based abroad) are equally entitled to request information.

We are not allowed to ask enquirers why they require the information they seek. Enquirers need not quote (or even be aware of) their rights under the Act to make a request for information. The only requirement the law places on an enquirer is that they must make their enquiry in writing for it to have the authority of a request made under the terms of the Act.

Verbal enquiries (e.g. those made over the telephone) do not have the force of law. However, if you receive such an enquiry you should advise the enquirer how to make the request official, and direct them to the Information Officer, who will assist them in making the request.

When an individual makes a written request for information (this includes faxes and emails, as well as letters), we must provide them with that information, except in a handful of cases where exemptions apply. We hope that in most cases this will mean supplying them with instructions about how to find information, using the details provided in the University Publication Scheme. In some cases, however, an enquirer may ask for information that the University does not usually place in the public domain. In these cases, we will have to provide that information directly to them. The most important thing to remember is that now any letter/email/fax you receive that asks for information may match the definition of a Freedom of Information request and will thus carry the force of the law, and must be responded to in accordance with the law. You must therefore ensure that any request that may be read as an information request should be passed to the Information Officer as soon as possible. Obviously, you can continue to respond direct to simple requests for such materials as course brochures or Prospectuses or similar.

In all cases, we must provide the information (or ways of finding that information) requested under the Act within 20 working days of receiving a written enquiry. This is a very short response time, so, if you are in any doubt as to whether an enquiry may be a Freedom of Information enquiry, please contact the Information Officer immediately.

Data Protection vs. Freedom of Information

It is important to distinguish requests made by individuals under the terms of the Data Protection Act from those made under the terms of the Freedom of Information Act. Basically, if an individual wishes to see information we hold that specifically describes themselves, then this is a Subject Access Request made under the terms of the Data Protection Act. Such enquiries should usually be referred straight to the Information Officer.

If an individual is asking for general information about the University, its activities, or any other material held in our records, then this is a Freedom of Information request.

Handling Requests for Information

The University has designed a standard procedure for handling requests for information. The University web pages include comprehensive information for enquirers.

If you are contacted directly by an individual requiring information - either face-to-face, or on the telephone - direct them to the web pages or to the Information Officer.

If you are contacted in writing by an individual requiring information, then you should immediately treat this as a Freedom of Information request. Except in the limited cases mentioned above (e.g. departmental publicity flyers etc.) refer enquiries to the Information Officer.

Other Relevant Issues

Exemptions: The law does permit the University certain exemptions from the usual requirement to respond to information requests. These relate typically to information that may be commercially sensitive and personal information that relates to individuals other than the enquirer. NB. The University Information Officer will always take responsibility for refusing any request - refusal should not be undertaken by anyone else.

Complaints and Appeals: In any case where the University declines to respond (or fails to respond fully) to an information request, the enquirer does have the right of appeal to the relevant government body. Should anyone complain in writing to you about the nature and/or content of any response you must forward this complaint to the Information Officer immediately.

Statistics: The Act does not require us to provide enquirers with specialist statistical information that the University does not normally produce. Hence, statistical requests should be forwarded to the University Information Officer for consideration.

In Summary

Please be aware of the implications of the Freedom of Information Act, and please make sure that, if you receive a written request for information you cannot easily answer, you immediately pass the details to the Information Officer. Crucially, always remember that:

• individuals may now ask for us to provide them with much of the information held by the University, whether held at departmental or central level.
• any request in writing is legitimate, whether or not it uses the standard University request form and whoever it is addressed to.
• if in doubt refer any potential/apparent information request to the Information Officer: we may have as little as twenty working days to respond.