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FOI/EIR: Frequently Asked Questions

 

Who can request information?
Since 1st January 2005, anyone can request information under freedom of information, regardless of age, nationality or location.

What information will be available?
Any information held by the University, or by bodies on behalf of the University, is eligible for release, although there are a number of exemptions which may be applied, where it is not appropriate to disclose information. Where, for example, personal privacy, confidentiality or commercial interests may be breached. (See also What happens if my request is refused?
Disclosure of personal data is governed by the .
Disclosure of environmental information is governed by the .

What are the obligations of the University under FOI?
  • "provide advice and assistance" to people who have or propose to make requests for information
  • to provide individuals with a "general right of access", on written request, to information held by the University and to do this "promptly and in any event not later than the twentieth working day following the date of receipt" of the request
  • to operate good records management according to the .
Unless an exemption applies under the terms of the FOI Act there are two aspects to the general right of access:
  • the right to be told whether or not the University holds the information; and
  • if that is the case, to have the information communicated to them.
Where an exemption does apply, there is usually a right to know what exemption has been applied, and a right to complain.

What is a publication scheme?
A publication scheme is a document which describes the information the authority publishes, or intends to publish. In this context, 'publish' means to make information available, routinely.
These descriptions are called 'classes of information'. And the scheme represents the authority's commitment to make available the information described.
A publication scheme must set out the classes, or categories, of information published. It must also make clear how the information described is available and whether or not charges will be made.

What happens when I make a request?
When the University receives a request for information, we will respond as soon as possible, and not later than 20 working days after receiving your initial request. The reply will usually confirm whether or not we hold the information, and, if held, either provide the information you requested, or explain why it has not been provided, quoting an appropriate exemption under the Act.
The reply will also outline how to complain if you are not satisfied with the response.

What happens if the University doesn't understand my request?
Under the Freedom of Information Act, public authorities have a duty to advise and assist requestors.
If the University doesn't understand your request, we will contact you to clarify exactly what it is that you want.
If the reply you receive indicates that there has been a misunderstanding, follow the initial complaints procedure, which provides an opportunity for clarification between requestors and the University.

What does it cost?
If you are requesting information contained in the University's Publication Scheme, the Scheme will give details of whether (and how much) you will be charged for the information.
If you are requesting information not contained within the publication scheme, the University may charge you a fee, as laid down in the .
These Regulations allow public authorities to charge for photocopying and postage etc. If such a charge is to be made, because of the amount of information that needs to be copied and posted, you will be informed of the amount before the information is prepared.
The Regulations also govern charging in relation to the costs of recovering the requested information - if these costs are estimated to be £450 or less, the University is obliged to retrieve and provide the information with no charge, other than photocopying and postage etc.
If your request will cost more than this to answer, the University may refuse to answer your request, answer it for free, or charge up to and including the full cost of answering.
Where a charge is made, you will be informed before the information is retrieved. If you choose not to pay the fee, the University can refuse to supply the information.

What happens if my request is refused?
A request for information may only be refused by a public authority if it falls under one of the , and for most of these exemptions, it must also apply a "public interest test".
If your request is refused, the reply from the University must identify which exemption it is applying, where appropriate how the public interest test applies, and give you details of how to complain.
If, after the initial complaints procedure, you are still not satisfied, you can ask the University to follow a second phase complaint. If this still fails to satisfy, you may ask the to review the decision.

How can I complain about handling of a request?
Write (by post or e-mail) to the IMPS Office outlining your complaint.
IMPS will initiate a phase 1 complaint, and review the request, information collection, decision-making about disclosure and communication with the applicant. Where there appear to have been misunderstandings of the information sought, IMPS will seek to clarify. The reply will outline the findings, including any additional information discovered or to be additionally disclosed, and any further explanation regarding the decision-making.
If this doesn't satisfy, you should write again to the IMPS Office, asking us to initiate a phase 2 complaint. In this case the review will be carried out by a lay member of the University's Council.
Should the reply to a phase 2 complaint not satisfy, you can write to the Information Commissioner and ask him to review the decision on your behalf. Details can be found on the website of the . The Commissioner will attempt to resolve the complaint informally. Failing that, a "Decision Notice" may be issued, outlining a final assessment of the case and indicating if and what the University should disclose. There are rights of appeal to such a notice, for both requestor and University.

How many requests can I make?
The Act does not specifically limit the number of requests you can make, however, of the Act states that a University can refuse any vexatious or repeated requests. This may include repeated requests from the same person for the same information, from a number of sources which appear to be in concert, or requests which are intended to disrupt the University's work.

How can I use the information I get?
The Freedom of Information Act does not place restrictions on how the information supplied under it may be used, although provision will not override limitations and obligations under the Copyright, Designs and Patents Act 1988.

Can I ask for the information in a different format?
You may request that the information be supplied in any form, however, the University may take into account the cost of supplying the information in any given form before complying with your request. In particular, you may ask for information in permanent form, in summary form, or for permission to inspect records containing the information. However, the University is not obliged to supply specific documents; the Act specifies rights to information held rather than documents. You may also request information in e- or paper-format.

What difference will FOI make to me?
As an individual you will be entitled to request information from the Un