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Disclosure Regimes by Mind Map: Disclosure Regimes
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Disclosure Regimes

Today's focus


DPA issues, Manual data exemption expiry, Applies to manual data that existed before 24 October 1998, Transistional arrangements of Sch 8 Part III of the DPA, Expires 24 October 2007, Relief was already watered down since 24/1/01 by sch 13 DPA, Johnson -v- Medical Defence Union, Court of Appeal decision, Individual selecting information for input is not "processing", Unsound basis for decision, Many similarities with the Durant Case.

FOIA issues, EU Directive on access to information, ICO website improvements, Section 40, New Guidance Note, March 2007, Salaries & expenses in the public eye, BBC presenters, Taxpayers' Alliance Report, Info on 500+ people, FOI responses 230+ authorities, Overview, Exempt under FOIA, By applicant about themselves, Subject access request, By applicant about others, First Condition, Either, Untitled, Disclosure against DP principles, Against s10 DPA, Would breach DPA if exemptions disregarded, Enter Sub-topic, Second Condition, Exempt under DPA exemptions, Personal data, Definition in DPA extended by FOIA, For public authorities, Decisions, Pre-guidance note key cases, House of Commons, Corby, EMLS members, Lincolnshire, Nottinghamshire, Case studies, Untitled, Being helpful, Untitled, Facts, Untitled, Request for telecoms info from an Educational client, Some of the information not held, Reluctance to provide more than bare minimum, Advice, Untitled, Simple Google search found info on requestor, Suggested full response, Volunteered more info in spirit of request, Suggest some would be exempt if he asked for more info, Provided details of complaints proc, etc, Provided info on other bodies that might help, Client reluctant but agreed, Response provided well within time limit, Outcome, Untitled, Requestor acknowledged, Thanked for "useful, honest and non-evasive" reply, Confidentiality, Bedfordshire CC -v- Hyder settlement, Untitled, Facts, Untitled, 2001 outsourcing agreement, £250m, 12 year, Problems with relationship, BCC terminated, Hyder counter-claimed, Settled out-of-court, Settlement agreement, Untitled, £6.75m payment by BCC, Confidentiality clause, Annexed joint press release, "precise details confidential", Request, Untitled, By local paper, For details of settlement, Action by BCC, Untitled, Disclosed full settlement, Disclosed legal advice on whether to disclose, Possible exemptions, Untitled, Confidentiality, Clause had a "compulsion of law" get-out, Commercial prejudice, Significant public interest because of the £££, Other factors, Untitled, BCC financial's & accounts, Blanket ban would have gone too far, Public interest test in confidentiality, Conclusions, Emphasises openness culture, Private sector needs to face reality, Basics, Facts, Nike used Hackney logo, Hackney settled for £300k payment, Hackey publicised settlement, Action, Good blogging story, FOIA request for settlement agreement, Very poor handling by hackney, Still inadequate response, Impact?, Blogged story, Case study in how not to handle

Access to information regimes


"Personal" information, Data Protection Act 1998

"Environmental" information, Environmental Information Regulations 1992

"Public" information, Freedom of Information Act 2000, Freedom of Information (Scotland) Act 2002

Some thoughts...

Public Sector

Untitled, You have to follow the Acts, Untitled, Ignore at your peril, Embrace opportunity, Untitled, Failure to work it well, =, Big problems, Untitled, Complaint internally, Investigation by the OIC, Bad PR, Commercial relationships threatened, Work it well, =, Fewer risks, Untitled, Less hassle, Opportunity for good PR, Remove the "exclusive" angle, Anticipate problems, Untitled, Pre-emptive disclosure, Helpfulness might reduce ill-feelings, Diffuse "conspiracy theories", Review commercial relationships, No "embarrassment exemption", Introduce training & policies

Private Sector using FOIA

Untitled, Opportunities, Harvest information, Commercial research, Untitled, Research public sector clients, Find out about competing suppliers to public sector clients, Find out what public sector bodies know about your business, Campaigning tool, Untitled, Get background information, Find out who are the key contacts, Dig out facts and figures, Risks, Untitled, Historical, Contracts with public sector clients, Untitled, Is there sensitive commercial information, Help the public body to help you, Write and identify exemptions that you think apply, Provide accessible contact, Future, Untitled, Beware confidentiality and IPR, Untitled, Discuss the situation, Be realistic about what is confidential, Divide up tender documents, Be specific in contracts, Get contractual requirement to consult, Contracts - beware the "legal requirement" proviso, Watch out for early tender "waivers"

Where is it going?

Commercial relationships

Untitled, Your confidential information, Untitled, What do you need to give to others, Resistance of mutual obligations by other party, Assistance, Untitled, Dealing with requests, Untitled, Consulting, Implications for disclosing, Contractual obligations, Contractual duties, Notifications, Damages, Get other parties to put effort in, Untitled, What is sensitive for them, What is clear, Single reference point for FOIA queries, Pre-empt issues, Untitled, Tender structures, Open dialogues, Costs, Do you need assistance from other parties to comply with requests, Who will bear the costs, Realities, Untitled, Can you exclude confidential info?, Where you can't avoid issues, Think procedures


Statutory assistance to investigations

However, Journalists appear to have low expectations, Journalistic experiences so far are poor, Particularly central Govt, Lack of explanation for use of exemptions, Failure to provide advice & assistance, Unexplained redactions, Stock-replies to different requests

Employee disputes

Tactic to be used against public sector employers


Specific areas, Friends of the Earth FOI generator

Encouraging mass support, Vexatious request exemption will not help, 20,000 campaign groups plan to use

Software Solutions

Untitled, New market for suppliers, New software products

Aggravation potential

About Andrew Mills


Andrew Mills

Background in electronic engineering

Solicitor & European Trade Mark Attorney

Head of intellectual property & IT law team at Freeth Cartwright LLP, Untitled, About FC LLP, Facts & Figures, Locations, Nottingham, Derby, Leicester, Manchester, Almost 500 people, Culture, 'A Different Kind of Law Firm', Why?, The legal industry is, Conservative in approach, Bound by precedents, Risk averse, Resistant to change, Freeth Cartwright LLP, Is guided by The 5 C's, Commitment, Always professional, Committed to putting our clients first, Work hard to establish long-term relationships, Commerciality, Build value for our clients, Deliver on time and on budget, Effectively manage risk, Creativity, Innovative solutions, Draw on wide range of skills, expertise and knowledge, Closeness, Communication is key, Straight forward and straight talking, Confidence, Partnerships with our clients are based on trust, Strives to add value in all that we do, We see ourselves as value engineers, Not fee farmers, IP&T Team, Team, Partners, Andrew Mills, Deryck Houghton, Associates, Ann Critchell-Ward, Fiona Boswell, Assistants, Katy Spurrier, Alex Newson, Admin, Merilyn Kay, Dawn Anderson, Work, Intellectual property, Copyright, Designs, Patents, Trade Marks, Confidential Information, Disputes, Licensing, IT, Contracts, Web sites & ecommerce, Software, Information, Data disputes, Freedom of Information, Data protection

Does lots and lots of stuff relating to intellectual property and information technology