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FOIA by Mind Map: FOIA
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FOIA

Background

Lobbying in the 1990s

Concerns about "conspiracies"

Untitled, Major human disasters, Untitled, Kings Cross Fire, Untitled, 1987, 31 Deaths, Inquiry, Untitled, Pre-incident awareness, Concern about exactly this type of incident, Political hot potato, Political incidents, Untitled, "Arms-to-Iraq", Untitled, 1992, Prosecution of Matrix Churchill, Govt. involvement, Awareness, Encouragement, Suppression of info, Before trial, During trial, Case collapsed when facts became public, Pit Closures, Untitled, 1992, Govt closed pits, 31 pits, 30,000 jobs, Public outcry, Prior report revealed, Untitled, US experts, Showed UK pits, Efficient, Scope for improvements

USA example

Untitled, Legislation since 1967, Untitled, But, Effectiveness eroded over the years, Under review by a House Committee, Recent example, Photos of US military coffins returning from Iraq, NY Judge orders CIA to hand over records on Iraq, Some UK info, Available in the USA, Not available in the UK

Recent coverage

Early coverage, UFO reports: Independent 3-2-05, Lack of Govt Info: Independent 2-2-05, Delay in responses: FT 2-2-05

Last few days, 515 stories between 1-6-07 and 30-6-07, Wide range of topics

Law

The Acts

Untitled, What is it about?, Untitled, New rights, Untitled, Right to access info held by public authorities, Untitled, Public Authority, Those that exercise public functions, Listed bodies, Local Authorities, Central Government, NHS Service, Maintained schools & educational institutions, Police, Other Public Bodies, Untitled, The Adjudicator for the Inland Revenue and Customs and Excise, The Advisory Committee for Cleaner Coal Technology, The Sea Fish Industry Authority, Publicly owned companies, Owned by, Crown, Government department, Public authorities, Except limited information bodies, Examples, Royal Mail Group PLC, Student Loans Company Limited, And so on..., Power of Sec of State, To add further public authorities, To/from the schedule to the Act, To add other bodies, Who exercise functions of public nature, Providing those functions for a public authority, Under contract, Examples, Prison services, Must consult parties to be affected, New obligations, Untitled, Authority to have publication schemes, Untitled, Approval required, Information Commissioner, Guide to info routinely published, Format, Availability, Cost, Obligation pre-dates right to request information, Link to exemption, Information otherwise available, Strategy points, Consider publishing more under publication scheme, Publish frequent requests as and when they arise, Web publication is the obvious route, BUT, Issues about web accessibility?, See 1st Scottish Decision, Authority to respond to requests, Duties, Untitled, Duty to confirm or deny, OIC Guidance note 21, Duty to provide information, Providing info satisfied duty to confirm or deny, Subject to exceptions, Provision of assistance, OIC Guidance note 23, What information?, Untitled, S1(4) - NI,E,W/S, Information held, What information, Information recorded, FOIA does not create record keeping obligations, Can't destroy info after receipt of request, Criminal offence!, Unrecorded information, Limited application of FOIA, S51(8), Information Commissioner can request information, When there is a complaint, For assessing compliance, S75(2), Power of Sec of State, Amendment of existing legislation, If it restricts disclosures under s1(1), Applies to unrecorded information, Exceptions, Some public authorities have restricted information applicability, Examples, Channel 4 TV, Not for info for following purposes, Journalism, Art, Literature, Competition Commission, Not for info held by CC as a tribunal, Who holds it, Public authority, Someone else on behalf of public authority, Obligation of compliance, Lies with public authority, Example, External archiving, At time of request, Hence references to effect being "retrospective", Except, Untitled, Information that would've been amended/deleted anyway, S1(4), Untitled, Shredding Week, OIC investigation Mayor of London, OIC Guidance note 12, OIC Guidance note 8, Who can request?, Untitled, Anyone, Untitled, UK citizens, Foreign citizens, Foreign governments, Journalists, Political parties, Conservatives have made lots of use, Lobby groups, Environmental, Friends of the Earth, Website has a "Request Generator", Commercial organisations, Seeking competitor information, Public bodies, No restriction, "Any person", How can they request?, S8, Form, Untitled, Writing, Defined as, Electronic transmission, Untitled, Letters, Faxes, Email, Text messages, Legibly received, Capable of later reference, Content, Untitled, Name, Address for correspondence, Email implicitly acceptable, Information requested, Doesn't need to mention FOIA, All communication receiving staff need to be aware, Training implications, Handling requests, Untitled, Enough information?, Untitled, Seek clarification, S1(3), Inform the application, As soon as possible, Deliberate delay not acceptable, Time limits interrupted, Continue on receipt of requested info, Fee, Untitled, Expectations, Most information to be provided free of charge, Exceptions, Fees provisions don't apply to, Info available under publication schemes, Info available by other means, Info where other statutory costs set, Entitled to charge, Basis of charging, Set out in fees regulations, Different charging in different scenarios, Factors might include, Copying costs, Translation costs, Labour costs, Set at rate of £25 per hour, Multiple requests, Costs can be aggregated, Requests received within any 60 day period, ? How can aggregation work when time limit for responding is 20 days?, Designed to cater for lobbying and campaigning requests, Secretary can specify that costs of complying with one is cost of complying with all, Strategy, Publish on the web?, Put into publication scheme, Remove ability of any one journalist to claim an "exclusive", Time limits interrupted, Applicant has 3 months to pay, Must give notice within 20 days, Time limit interrupted until payment received, If applicant doesn't want to pay, Consider what can be provided for free, Code of Practice, Fees limits, No obligation to comply if costs exceed limits, £600 for central Government, £450 for other public authorities, Still have to confirm or deny unless, Costs of that exceed limits, Another exemption applies, Optionally can supply, Max fee allowable, Factors include, Costs of complying with format required by applicant, Repro costs, Postage & transmission, Cannot include, Time & labour costs, Has to be helpful, Identify what it could supply for the fee limit amount, Exempt?, Untitled, Absolute exemptions, Untitled, Impact, Untitled, No duty to confirm or deny, No duty to supply information, Must respond to applicant, Untitled, Fact of exemption, Which exemption, Why it applies, Unless the explanation would reveal information that is exempt, What are they? (NI,E,W), Untitled, Information reasonably accessible by other means, S21 (S- S25), Untitled, Untitled, Concept, If its available elsewhere, Act doesn't need to help, Fact that payment is required doesn't matter, Fee under publication scheme, Other statutory charge, No public interest test, Obligation on public authority to assist with requests, BUT, Untitled, Info only available by physical inspection is not reasonably accessible, Unless falls within publication scheme, OIC guidance note 6, Information from specified bodies, S23, Untitled, Intelligence services, Court records, S32, Untitled, Untitled, Documents within custody of a court, Documents for inquiries/ arbitrations, OIC Guidance note 9, Parliamentary privilege, S34, Untitled, Untitled, Either House of Parliament, No duty to confirm or deny where may infringe privilege, Certification of exemption is evidence, OIC Guidance note 28, Public affairs, S36, Untitled, Untitled, Prejudice to effective conduct of public affairs, Requires opinion of a "qualified person", List of defined people, OIC Guidance note 25, OIC Guidance note 20, Personal data, S40, Untitled, Untitled, Falls under Data Protection, OIC Guidance note 1, Confidential information, S41, Untitled, Untitled, Information provided in confidence, Overlap with public procurement regime, Obtained from a third party, Cannot be the public authority's own information, Actionable for breach of confidence if disclosed, Quality of confidentiality, Trade secrets, Customer lists, Product development plan, Business know-how, Intellectual property, Other things, Circumstances of confidentiality, Express mention of confidentiality, Confidentiality Agreement, Confidentiality clause in a contract, Breach of contract on disclosure, Should only apply to real confidential info or public authority will have to determine, Implied, Difficult to argue, Not impossible, Breach must cause or risk some harm, Not all breaches will actually cause risk/harm, Code of Conduct, Suggests consulting before disclosing, Still have to comply with time limits, OIC Guidance note 2, OIC Guidance note 5, Separate Annex, Prohibitions on disclosure, S44, Untitled, Untitled, UK law, EU obligations, Court orders, OIC Guidance note 27, Certificates for security/national security, S25, Evidence of exemption, Untitled, Signed by a Minister of the Crown, Power only exercisable by, Mister who is a member of the Cabinet, Attorney General, Advocate General for Scotland, Attorney General for Norther Ireland, What are they? (S), Untitled, Information otherwise reasonably accessible, S25, Untitled, Even where payment is required, If someone else required to disclose by statute, Held by Keeper of the Records of Scotland, Inspection, Copy, At charge or free, Not available with authorities publications scheme, See 1st Scottish Decision re: speed cameras, Specifically prohibited, S26, Untitled, By/under an enactment, Incompatible with a Community obligation, Contempt of court, International relations, S32(2), Untitled, Info on a State held while required to be held in confidence, Circumstances are reasonable to expect it to be held in confidence, Court records, S37, Untitled, Documents within custody of a court, Documents for inquiries/ arbitrations, Personal information, S38(1), Falls under Data Protection, Other non-personal data, S38(2), Where threr whole be an impact, Qualified exemptions, Untitled, What are they? (NI,E,W), Untitled, Info for future publication, S22, Untitled, Untitled, Whether date is set or not, Decision to publish at time of request, Reasonable to hold on to info till published, OIC Guidance note 7, National security, S24, Untitled, Untitled, Where not covered by S23, Safeguarding national security, No duty to confirm of deny, Defence, S26, Untitled, Untitled, Prejudice defence of British Islands / colony, Prejudice capability, effectiveness or security of any relevant forces, OIC Guidance note 10, OIC Guidance note 20, International relations, S27, Prejudice, Relations between UK and, Any other State, Any international organisation or international court, Interests of UK abroad, Promotion of protection by the UK of its interests abroad, OIC Guidance note 14, OIC Guidance note 20, UK relations, S28, Prejudice relations between any administration in the UK, UK Government, Scottish Administration, Executive Committee of the Norther Ireland's Assembly, National Assembly of Wales, OIC Guidance note 13, OIC Guidance note 20, Economy, S29, Untitled, Untitled, Economic interests of whole or part of UK, Financial interests of any administration in the UK, OIC Guidance note 15, Investigations & proceedings, S30, Untitled, Untitled, If held at any time by a public authority, To find out whether a person should be charged with an offence, To find out whether a person charged is guilty, To lead to a decision to institute criminal proceedings, Any criminal proceedings which the authority has power to conduct, Any civil proceedings which arise out of such investigations, OIC Guidance note 16, Law enforcement, S31, Untitled, Untitled, Prevention or detection of crime, Apprehension or prosecution of offenders, Administration of justice, Tax assessment/collection, Immigration controls, Security and order of prisons/lawful detainment, Public authority exercising its functions, Compliance with the law, Improper conduct, Regulatory actions, Capability for management of corporate bodies, Cause of an accident, Protecting charities against misconduct or mismanagement by their administrators, Protecting charity property, Inquiry and arbitration, Civil proceedings brought on behalf of public authorities for the above, Inquiries under the Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976 where it arises out of investigation by public authority for the above, OIC Guidance note 17, Audit functions, S33, Untitled, Untitled, Audit accounts of other public authorities, Examination of economy where other public authorities use their resources, OIC Guidance note 18, Formulation of Government policy, S35, Untitled, Untitled, Formulation or development of policy, Ministerial communications, Operation of Ministerial private office, Advice by any Law Officers or requests for advice, OIC Guidance note 24, Communication with the Queen, S37, Untitled, Untitled, Other members of the Royal Family, Royal Household, Conferring by the Crown of any honour or dignity, Health & Safety, S38, Untitled, Untitled, Endanger an individual's, Physical or mental health, Safety, OIC Guidance note 19, OIC Guidance note 20, Environmental information, S39, Untitled, If already available under S74, If would be obliged "but for" any exemption, Legal professional privilege, S42, Untitled, Untitled, If maintainable in legal proceedings, England - where legal professional privilege lies, Scotland - where confidentiality of communications, OIC Guidance note 4, Commercial interests, S43, Untitled, Untitled, Trade secrets, Prejudice the commercial interests of any person, Where being disclosed private company could, Judicial review, Further decision from Information Commissioner/Information Tribunal, Injunction against disclosure, May be confidential information (S41), Not absolute exemption, Overlapping what company classes as 'confidential' and what actually is, May still be disclosed if in public interest to do so, OIC Guidance note 5, Separate annex, What are they? (S), Untitled, Info for future publication, S27, Untitled, To be published within 12 months of request, Must have been held with a view to publish at time, Reasonable to hold until publication, Where continuing with a view on reporting for research, Disclosure would prejudice, The programme, Interests of individuals involved in the programme, Interest of the authority holding the info, Relations within the UK, S28, Untitled, Any administration within the UK, Untitled, Government of the UK, Scottish Administration, Executive Committee of the Northern Ireland Assembly, National Assembly for Wales, Formulation of Scottish Administration policy, S29, Untitled, Ministerial communications, Operation of Ministerial private office, Advice by any Law Officers or requests for advice, Formulation or development of policy, Does not include statistical information used, Public Affairs, S30, Untitled, Maintenance of the convention of collective responsibility of the Scottish Ministers, Where inhibit, Provision of free and frank advice, Free and frank exchange of views for deliberation, Prejudice substantially conducto of public affairs, National security & defence, S31, Untitled, Safeguarding national security, Requires certificate signed by Scottish Executive, Defence of the British Islands, Capability, effectiveness/ security of relevant forces, International relations, S32(1), Untitled, Relations with UK and any other State, Relations with UK and international organisation/ international court, Interest of the UK abroad, Promotion/protection of UK interests abroad, Commercial interests/ economy, S33, Untitled, Trade secret, Commercial interests, Economic interest of UK, Financial interest of an administration of the UK, Investigations & proceedings, S34, Untitled, Any criminal proceedings which the authority has power to conduct, Any civil proceedings which arise out of such investigations, If held at any time by a public authority, To find out whether a person should be charged with an offence, To find out whether a person charged is guilty, To lead to a decision to institute criminal proceedings, Inquiries under Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 relating to cause of death of a person, Law enforcement, S35, Untitled, Prevention / detection of crime, Apprehension/ prosecution of offenders, Administration of justice, Tax assessment/ collection, Immigration controls, Maintenance security/ good order in prisons / lawful detainment centres, Public authority exercising its function, Untitled, Compliance with the law, Improper conduct, Regulatory actions, Capability for management of corporate bodies, Cause of an accident, Protecting charities against misconduct or mismanagement by their administrators, Protecting charity property, Health & safety of workers, Protect others from risk to health or safety in connection with actions at work, Confidentiality, S36, Untitled, Actionable for breach of confidence if disclosed, Obtained by Scottish public authority by another person, Health, safety & environment, S39, Untitled, Endanger individuals physical/ mental health, If already available under S62, Audit functions, S40, Untitled, Audit accounts of other Scottish public authorities, Examination of economy etc with which their resources are used, Communications with Her Majesty, S41, Untitled, Other members of the Royal Family, Exercise by Her Majesty of her prerogative of honour, Subject to public interest test, S2, If NO absolute exemption, Duty under 1(1)(a) confirm/deny, Where duty to confirm in Part II doesn't arise, Public interest in maintaining exclusion of duty to confirm/deny>public interest in disclosing if hold the information, Duty under 1(1)(b) communicate the information, Public interest in maintaining info>public interest in disclosing info, OIC Guidance note 3, Impact, Untitled, Duty to confirm or deny, Balance between, Untitled, Public interest in, Confirming or denying, Disclosing, Duty to provide information, Balance between, Untitled, Public interest in, Not disclosing, Disclosing, Response to applicant, Practicality exemptions, Untitled, No duty to confirm or deny, Cost of confirming/denying exceeds prescribed cost, Not duty to provide information, Cost of compliance exceeds prescribed cost, Vexatious requests, E,W&S, S14, Untitled, No obligation, Only have to comply with an exact repeat request if reasonable time elapsed, OIC Guidance note 21, Response, Untitled, Obligation to provide assistance, Compliance with Code of Practice is standard, Code of Practice, What can authority provide for free if applicant won't pay fee?, Where estimated cost exceeds limit, What could authority provide up to limit?, Assist applicant to refocus request, Don't have to help vexatious applicants, See IC guidance, Scottish Code, More detailed generally, Telephone callers, Put their request in writing, Send to applicant, Ask them to sign and return, Helpful info disability access issues, 20 days, Reasons for longer, Fees requested, Time interrupted, Where qualified exemption applies, Public authority has reasonable time to consider, Code of Practice says 20 days!, Where Sec of State has extended time limits to 60 days, Sec of State has power, S10(4), Can prescribe, Different times for different cases, Give discretion to Commissioner, Where more info needed, Time interrupted, Public authority must seek clarification ASAP, OIC Guidance note 11, Response in form requested by applicant, Untitled, Paper or other form, Right to inspect, Digest/summary, The Information Commissioner, Information Commissioner, UK data protection responsibility, FOIA responsibility, England, Wales, Northern Ireland, Duties, Promotion of good practice, Development of some codes of practice, Approval of publication schemes, Register of Data Controllers under Data Protection legislation, Enforcement, Status, Appointed by the Crown, Independent of Government, Reports to Parliament, Holds office for 2 year terms, Cannot hold for 3+ terms unless special circumstances, Cannot hold for more than 15 years, Scottish Information Commissioner, FOIA responsibility for Scotland, Appointment, Recommended by Scottish Parliament, Appointed by the Crown, Enforcement & complaints, Untitled, Part IV S50-56, Apply to the Commissioner in respect to requires of info under Part I, Commissioner makes a decision unless, Untitled, Complainant not complied with complaints procedure set out in Code of Practice by Secretary of State, Undue delay in making application, Application is frivolous or vexatious, Application has been withdrawn or abandoned, Commissioner shall, Untitled, Notify complainant where not made a decision and reason, Serve 'decision notice' on the complainant and public authority, Untitled, Public authority failed to confirm/deny or communicate information OR, Failed to communicate by reasonably practicable means as requested OR, Failed to state reasons for refusal, Specify steps required, Specify time period, Right of appeal details, Serve 'an information notice' on the public authority, Untitled, To check if complied with duties under Part I, To check if complied with duties under Codes of Practice, Statement that received application for failure to confirm/deny OR, Statement information is relevant and reasons, Right of appeal details, Specify time, BUT NOT required to give info to IC, Untitled, Any communications between professional legal advisor and his client, Relating to his obligations, liabilities or rights under FOIA, Made in connection with proceedings arising out of FOIA, IC can cancel by written notice, Serve 'enforcement notice' on public authority, Untitled, Failed to comply with ANY of requirements under Part I, Statement of requirements not met and grounds, Right of appeal details, Specify period, IC may cancel by written notice, Exceptions for compliance with decision or enforcement notices, Untitled, Where notice is served on, Government departments, National Assembly for Wales, Public authority designated by the Secretary of State, Relating to exempt info under Part II, Where 20 days after effective date accountable person of authority provides certificate - 'reasonable grounds' to believe no failure, Untitled, Provide copy of certificate to, Each House of Parliament, Northern Ireland Assembly where relates to NI department/authority, National Assembly for Wales where relates to them or Welsh authority, 'Effective date', Day notice given to the authority, Day on which appeal withdrawn, Provide reason for beliefs to complainant, Failure to comply with notice, Untitled, Includes where authority has made false/ reckless statement, IC certifies to the court in writing of failure, Court inquiry, Untitled, Dealth with as if contempt of court, Schedule 3 - Powers of entry and inspection, Untitled, Grant warrant to the IC, Untitled, Enter and search premises, Inspect and seize documents, Inspect, examine, operate and test equipment, IC must give 7 days notice in writing demanding access, Unreasonably refused access, Unreasonably refused inspection etc, After refusal of access notified of warrant application, Does not allow for civil proceedings against a public authority under FOIA, OIC Guidance note on making complaints

Statutory Instruments

Untitled, Information Tribunal provisions, Time for compliance, Fees

Codes

Nature, Untitled, Non-binding, Failure to follow might mean breach of Act!, Untitled, Secretary of State, Scottish Ministers, Lord Chancellor, Untitled, Records management, OIC Guidance note 8

Guidance

Information Commissioner, Http://www.informationcommissioner.gov.uk/

Scottish Information Commissioner, Http://www.itspublicknowledge.info/