Dear All
Your own legal sections will have differing interpretations, and will be
giving you all different advice I am sure.
My current interpretation:
FOI is one part of a series of legislations which includes the Data
Protection Act and The Environmental Information Regulations. The latter
two have been around for some time (since 1992 in the case of Environmental
Regs).
Data Protection covers information about people and organisations, we
should all have our own policies in place for this one. There are imminent
changes to the Environmental Information Regs which also come into force in
January 2005. The definition of environmental information will be broader
than in the current Regulations. Environmental information will cover
information on the state of the environment, such as air, water, soil,
land, flora and fauna and diversity and will also include information on
genetically modified organisms. In addition, information on emissions and
discharges, noise, energy, radiation, waste and other such substances;
measures and activities such as policies, plans and agreements; reports,
cost benefit and economic analyses. The state of human health and safety,
contamination of the food chain; cultural sites and built structures as
they may be affected by environmental factors, will also be considered
environmental information. (For the more detailed definition see the draft
Regulations).
http://www.informationcommissioner.gov.uk/cms/DocumentUploads/EIR%20Changing%20Access%20Rights%20Oct%2004.pdf
Freedom of Information has been devised to cover information not covered by
either DPA or EIA. Following this through, FOI covers information about
what we do and how we go about it. It could be that FOI is a bit of a red
herring in relation to HER data, we may still receive FOI requests but
these will be about decisions we have made (eg. How did we arrive at a
particular policy etc)
The flow chart below is taken from the information commissioner's website.
If you can read it (the copy and paste did not work as well as it could
have) it may make thing a little clearer.
http://www.informationcommissioner.gov.uk/cms/DocumentUploads/EIR%20-%20Flowchart%20to%20request%20information.pdf
(Embedded image moved to file: pic10926.pcx)
Returning to the point I made in my last email about the publication
scheme. Whilst HER data may not come under FOI I don't think it does any
harm to include them on a Scheme as this is obviously a complicated and
untested area. The aim of Data Protection, Environmental Regulations and
Freedom of Information is to enable the public (and groups and
organisations) to obtain information to which they are entitled. Public
bodies are encouraged and in some cases, obliged, to be open and helpful
with regard to information. I think that inclusion on the publication
scheme demonstrates a willingness to embrace this ethos.
Finally, my legal advisors have suggested to me that all our information
(HER Data and information about our activities) will be covered by one of
these pieces of legislation. The only time we should be really concerned
if when we receive requests for data or information that for whatever
reason we would wish to withhold. In these instances we will need to be
sure that our reason is one that is covered by one of the exemptions in
DPA, EIR or FOI.
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