1 Freedom of Information Act, 1997 Freedom of Information (Amendment) Act, 2003 University College Cork Presentation to New Academic Staff 20 September 2005

2 Background…

3 When was FOI introduced?  Introduced in Ireland in April  Phased in (initially Government Departments, then Health Boards, Local Authorities, and other public bodies)  UCC (and other 3 rd level education bodies) became subject to FOI in Oct  FOI Act amended in 2003

4 Why was FOI introduced?  To increase Government openness  To improve accountability  To give people access to their records and allow them to amend those records if incorrect

5 Main Features of the Freedom of Information Acts 1997 & 2003…

6 1. Publication of information To provide for publication by public bodies of information statements concerning their structure, functions, operations and their rules, practices, procedures and precedents

7 1. Publication of Information (2)  Section 15 Manual  Structure of the University  Functions / Powers/ Duties  Role of University Officers  Types of Information held  Services provided  Procedures under which public can avail of services  Role of Department/Offices/Units and classes of records held by them

8 1. Publication of Information (3)  Section 16 Manual  Rules  Procedures  Practices  Guidelines  Interpretations used  Index of precedents  UCC’s s.16 manual is web-based only

9 2. Access to records “An Act to enable members of the public to obtain access, to the greatest extent possible consistent with the public interest and the right to privacy, to information in the possession of public bodies…” Extract from Long Title to FOI Act (1997)

10 2. Access to records

11 3. Amendment of records To enable persons to have personal information about them corrected if it is: - incomplete - incorrect or - misleading

12 4. Access to reasons To enable persons affected by an act of a body, to obtain reasons for the decision and any findings on any material issues of fact. Material: The requester must have a material interest…a benefit must be conferred or denied by the decision

13 5. Rights of review 1. Internal appeal of decisions by a more senior officer. 2. Independent external review by the Information Commissioner (Emily O’Reilly).

14 Definitions…

15 What is a record?

16 What is Personal Information?  Information that would ordinarily be known only to the individual or their family or friends, or  Information that is held by a public body on the understanding that it is to be treated as confidential

17 How Does FOI Work?

18 What records can be requested?  All records created after the Act commenced, ie: 21 April 1998  All personal records of clients, whenever created  All records of current staff created after 21 April 1995, or earlier if could be used to adversely against staff member  Earlier records if needed to understand later records which are accessed  Reasons for decisions from October 1 st 2001

19 Time Limits  Acknowledge request within 2 Weeks  Decide and Respond within 4 Weeks  Failure to Respond = Refusal (requester then has right to appeal) 1 week = 5 consecutive working days (excludes weekends & public holidays but not other periods when University is closed).

20 What are the Forms of Access?  Inspect the original record  Obtain a copy of the record  Hear / view audiovisual record  Transcript of tape, shorthand  Computer disk or other electronic device  Shorthand or code - in decodified form

21 Fees & Charges  New fees introduced in July 2003 for requests for records containing non-personal information  Each request: €15  Internal reviews: €75  External reviews (Info. Commissioner): €150  Reduced fees for medical card holders  No fee for requests/appeals in relation to records containing only personal information  Other charges:  Search, retrieval and photocopying time (€20.95 per hour)  Photocopying (€0.04 per page)  Deposit required if estimated to be more than €50.80)  Public bodies must assist requesters to reduce/eliminate charges  Charges are a tool to narrow the scope of requests

22 Decision Making

23 Decision Making in UCC  At Departmental/Office Level  Large Depts./Offices have one Decision Maker  Cognate areas share a Decision Maker  Approx. 50 trained decision makers (usually heads of Departments/offices)  Large group to spread workload  Not too large………training implications

24 Decision Making: Tests  Public Interest  Harm Test  Privacy Considerations  Consultation Procedures – 3rd Parties  Motivation of Requester not a Factor

25 Refusing Requests…

26 Refusing Requests  Records do not exist or cannot be found – extensive documented search UCC is a Public Body and will be held Publicly Accountable  Fee or deposit has not been paid  Record is not covered by the Act  Record (or part of it) is exempt

27 What Records Are Not Included?  Records already publicly available  Records available under another act  Exempt Records

28 Key Exemptions  s.20 Deliberations of public bodies  s.21 Functions & negotiations  Release would prejudice the effectiveness of test, exams, inquiries, negotiations etc.  s.22 Parliamentary & Court matters  s.26 Information obtained in confidence  s.27 Commercially sensitive information  s.28 Personal information  s.30 Research and natural resources

29 The UCC Experience of FOI…

30 FOI Requests by University* UCD399 TCD291 UCC275 UL203 NUIG181 DCU155 NUI Maynooth130 TOTAL1634 *Requests received from 1 st October 2001 to 31 st August 2005

31 UCC Requests by Type* *1 st October 2001 – 31 st August 2005

32 Requests by Requester* *1 st October 2001 to 31 st August 2005

33 UCC Requests* Requests Granted38% Requests Part Granted37% Requests Refused16% Requests Withdrawn or Handled Outside FOI 10% Internal Reviews12.5% Appeals to the Information Commissioner <3% *1 st October 2001 to 31 st August 2005

34 Impact of FOI on your work  Take care that:  anything written is clear, precise and objective  any details you record are accurate and factual  Remember: UCC as a Public Body is expected to conduct business in a proper manner. This applies to record keeping and retention.

35 Impact of FOI on your work (2)  Avoid irrelevant or unnecessary comment or opinion  Avoid gratuitous personal comments or colourful remarks  Ensure that manual notes or annotations are legible  Be aware that any records you create or hold as an employee of UCC may be subject to an FOI request

36 Impact of FOI on your work (3)  Section 18 requests (“Reasons for Decisions”): need to record information in a way that allows a statement of reasons to be written.  Be aware that FOI requests must be responded to within strict time-limits (i.e. records should be held in such a way that they can be retrieved quickly in the event of a request).

37 Administrative (Routine) Access Policy Administrative Access

38 Training Policy Records Retention Schedules Website ( Records Management

39 Questions?

40 Catriona O’Sullivan Assistant FOI Officer Freedom of Information Unit University College Cork 5 Elderwood, College Road, CORK Phone: (021) Fax: (021) Website: Contact