Martin
Many thanks for such a detailed response, and for writing it so quickly!!
I intend to collate responses and give a very general response to the question that was posted, so don't worry - I won't be quoting you!
thanks again for your very valuable input
Nicola
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-----Original Message-----
From: Martin Green [mailto:[log in to unmask]]
Sent: 30 April 2003 09:33
To: [log in to unmask]
Subject: Re: DP and FoI
Hi,
my role as Head of Information Management for Dept. for Culture, Media &
Sport means that I am formally responsible for all paper records under the
Public Records Act, the movement to electronic storage of records (the EDRM
programme for 2004 )and, if this wasn't enough, I am the Data Protection
Officer. Oh, and I am responsible for FoI implementation.
The simple answer is that here the DP and FoI aspects will overlap in the
same team - I have two permanent staff and one casual staff at the moment -
so effectively we are dealing all issues relating to the creation and
storage if information.
There is no conflict in my mind between DP and FoI. DP is personal data, FoI
isn't. There are practical difficulties relating to how the Acts differ eg
the time allowed for reply, possibly more of an issue is how we recognise
and deal with each request. In particular under FoI, where information is
routinely published as part of publication scheme, how do we decide that
information should be released and record this it has for future reference
(ie in cases where this info is requested again).
The other big issue is the complexity of the 2 acts and how we educate staff
in how to deal with these, in particular, the standards of behaviour
expected from them eg you do not write 'Mr X is a stupid idiot' or worse
because Mr X has a right to see this. This change in culture will be
difficult as staff will primarily be of the mindset 'what exemptions can we
use to not release?'. This can only be changed with significant leadership
from the top of the organisation.
It's worth noting that under the Open Government Code of Practice on Access
to Government Information (or the wonderful COPAGI acronym), much of the
information that will released under a legal mandate in 2005 as part of FoI,
can be requested at the moment. The code has the backing of the government
and is not voluntary but probably has wider exemptions and can be
misinterpreted.
In general, DP and COPAGI are not widely recognised as tools for individuals
to gain access to personal and non-personal information held by governmental
organisations. And just to state the obvious, DP applies to non-government
organisations also.
Martin
-----Original Message-----
From: Nicola Franklin [mailto:[log in to unmask]]
Sent: 30 April 2003 09:04
To: [log in to unmask]
Subject: DP and FoI
We are currently hosting a discussion group on an Online Campus for the
Information Management course of a university in New Zealand, and one of
the students has posted a question regarding these two issues, and I
wondered if people here could share some of their experiences in this ares?
The student in question moved to NZ around 10 years ago from the UK, and
remembers DP legislation coming into force here, with the consequent
recruitment of a number of 'Data Protection Officers' at public
authorities. He wonders whether the duties resulting from the FoI
legislation will be undertaken by these same staff, or whether new 'FoI
Officers' will need to be recruited, especially taking into account the
potential conflicts between the requirements to disclose/not disclose
information in the two pieces of legislation.
Could anyone give me an idea of what is happening in practice?
Many thanks for any help you can offer.
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