There is a related JISC FoI group and if people really have questions about
FoI then they should join that group.
I do agree that if every request is treated with the whole panoply of FoI,
the admin costs are huge - letters must go out etc - but there then need to
be proper procedures in place to ensure that requests for information are
dealt with and that if the member of staff can't deal with it that this can
be escalated and if necessary there should be a hunt for data.
Clearly asking the librarian the opening times of the library or what the
photocopying charges should not be treated in the same way as a request
about the development of Kings Cross, say.
The procedures that the organisation has must be written in a manner that
recognises that the user/member of the public has, with certain exemptions,
the right to the information.
Nick Landau
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, March 09, 2006 1:46 PM
Subject: Re: [data-protection] Retention Dates
> Forgive me, I was unclear in my message. I agree that an enquiry need not
> flag "I am a FoIA enquiry".
>
> I simply have misgivings about "granting legal significance to every
> enquiry" and in turning staff who receive simple enquiries into
> mini-lawyers.
>
> It seems to me that there have always been enquiries that are answered as
> a
> matter of course and as part of doing business. Awarding these legal
> significance where (probably) none is warranted seems to me to be over
> reaction simply because there is a law in a "nearby field".
>
> Where information is not of itself confidential, and a question "How long
> will you keep this data for?" is not confidential is it, then all I am
> suggesting is that this is an enquiry that would have been answered
> anyway.
> Bringing the full panoply of FoIA into play for this seems to me to be
> both
> valid and not necessary, a paradox which depends upon the viewpoint.
>
> Surely one structures one's general ability to answer simple enquiries to
> take FoIA into account anyway in terms of timeliness and so forth? If one
> does not, then why does one not?
>
> Again , FoIA is not my field and I do not dream to advise on it. I'm
> looking at this as a member of the public "looking in" and interested in
> the
> outcome.
>
> -----Original Message-----
> From: Blewitt, David [mailto:[log in to unmask]]
> Sent: 09 March 2006 09:24
> To: Tim Trent; [log in to unmask]
> Subject: RE: [data-protection] Retention Dates
>
> My understanding is that people making enquiries do not need to state that
> it is under the FOIA, the onus is on you to assess whether it is covered
> as
> a request under the act, and process it accordingly. They need not even
> be
> aware of the act.
>
> The easy way for Brenda to respond would be as she implied, to state the
> retention schedule/policy for the type of documents concerned and that all
> such documents are handled that way without exception.
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Tim Trent
> Sent: 08 March 2006 17:09
> To: [log in to unmask]
> Subject: Re: [data-protection] Retention Dates
>
>
> Would it not be simpler to treat this as a question which you will answer?
> I
> assume there is nothing contentious in either the question or the answer?
>
> While I have no skills at all in FoIA it just seems to be a simple
> transaction that no-one needs to get concerned about provided the answer
> is
> given clearly, calmly, competently and in the format the person would like
> to receive it in.
>
> If one is not careful then any request of a public body could be
> considered
> to be FoIA related, surely?
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Brenda Scourfield
> Sent: 08 March 2006 15:01
> To: [log in to unmask]
> Subject: [data-protection] Retention Dates
>
> We are holding files in Social Services regarding an adoption which were
> passed to us from another Authority when the family moved into our area.
>
> The father has now made an enquiry as to how long we intend to keep these
> file before destruction. I explained that adoption files have laws which
> govern how long they are held, but others may be governed by other
> retention
> periods. My query is,would this be treated as an FOI request as obviously
> it
> would apply to all files of that type (if adoption) regardless of whose
> they
> were. Also, surely it is not requesting personal data, just a date.
>
>
>
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