Hello Ann,
This is probably not the message you want to hear but I would urge your
employer not to use such markings.
For one, whilst the justification for applying a marking at the time of
document creation may be valid at one point in time, the validity may well
change over time. It will therefore be very tempting simply to identify the
marking and thus assume that it is still relevant, resulting in documents
not being released under FOI. I believe it is more in keeping with the
spirit of FOI to assess each request for access in the light of current
circumstances rather than in the light of a decision made when the records
were created.
Secondly, I'm reminded of a quote from Richard Thomas, Information
Commissioner "Any council that focuses its efforts on finding loopholes to
allow non-disclosure would suffer damage to its reputation and fail to win
the trust of residents."
If they really wish to go ahead and use markings, I'd recommend a simple
coding system used with a rubber stamp/red ink.... the simpler, the better.
For example, A=security risk, B=personal info etc, etc. You do need to have
a documented policy describing the use of the codes, system etc, with strong
emphasis that the codes are merely a guide and must not be taken as an
indication of mandatory non-disclosure.
Hope this helps.
Regards,
Eldin.
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-----Original Message-----
From: The UK Records Management mailing list
[mailto:[log in to unmask]] On Behalf Of Anne Gadsden
Sent: 21 March 2005 09:57
To: [log in to unmask]
Subject: "Protective Markings" for documents
Apologies for asking what is no doubt dumb question to those of you
more experienced records managers, but of crucial importance to me at
the moment!
(And apologies for cross-mailing)
I have had a request from senior manager to develop some sort of
"protective marking" for documents that are potentially releasable under
either FoI or DPA. More as an alert I presume, as we would still apply
Public Interest Test etc when deciding on release or not.
I do have concerns that these "protective markings" or alerts might
lull individual managers into a false sense of security, presuming that
if they mark something for example "confidential" that it would never be
released.
I would be grateful if you could let me know if you use anything like
this (especially in a health service environment) and your experiences
of using protective marking.
Thank you
Anne
Anne Gadsden AHRIM
Information Governance Officer
North Cumbria Acute Hospitals NHS Trust
Cumberland Infirmary
Carlisle CA2 7HY
01228 814074 (direct line)
e-mail: [log in to unmask]
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