Isn't it predictable that a filter system will sometimes catch legitimate requests? What about the applicant who has been sworn at (eg by a neighbour or even an official) and reports this in an email -  "X told me to "F*** off"  - and then goes on to make an FOI or DP request about the matter?

If an authority's email filters are likely to reject such a request, I don't think it adequate just to leave it to the requester to eventually chase it up. Apart from anything else, the applicant will probably do so by attaching the original request to to another email. Obviously, it will be rejected again.

One approach would be to experiment with the filters, to see if they can be overridden for emails which refer to FOIA, EIR or DPA etc.  If spammers eventually spot and exploit this, it might have to be dropped, but it seems worth trying.

Another is to say on your FOI web page, that all FOI requests will be acknowledged within X days, and give a phone number to ring where no acknowledgement has been received within the period - so the applicant has an alternative to just emailing again.


Maurice Frankel
Campaign for Freedom of Information

On 6 Jun 2008, at 08:26, Harrison, Iain wrote:

Pretty much my view and the best approach to take!
 
From experience - I stand by my first paragraph!
 
Regards
 
Iain Harrison
Information Governance Officer
Information Governance Team
Customer & Workforce Services
Coventry City Council
Council House
Earl Street
Coventry CV1 5RR
 
Telephone No: 024 7683 3305
Fax No:          024 7683 3395
 
www.coventry.gov.uk 
 

From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Bradshaw, Phillip
Sent: 05 June 2008 16:48
To: [log in to unmask]
Subject: Re: FOI and filters

My advice to my IT section is to apply whatever filters they deem appropriate for security and operational reasons - and  of course to keep sensitivity settings under regular review.
 
If that results in us getting a  formal notice from the ICO every two or three years because an applicant chooses not to follow up a non-response by other means, I assess that as an acceptable risk.
 

Phillip Bradshaw

Information Manager
Clerk to the Council

Room CY4B, County Hall

EMail: [log in to unmask]

Phone:         029 2087 3346
Mobile :        07890 265987

Fax:              029 2087 3349

Proactive Publishing Promotes Positive Perceptions


 

From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Geddes, Craig
Sent: 05 June 2008 10:26
To: [log in to unmask]
Subject: Re: FOI and filters

There is some precedent for the enclosed:
 
http://www.itspublicknowledge.info/applicationsanddecisions/Decisions/2005/200502045.asp
 
While the comments below might seem reasonable, it is not evident that the Information Commissioners - North or South of the border - would agree. Their focus is on FoI, and other information management considerations can be somewhat relegated.
 
As you will see from the above decision, in this case OSIC went straight to issuing an Information Notice, and then found the Board at fault - despite it having never received the request.
 
Craig

____________________
     Craig Geddes,
     Council Records Manager
     Legal Services

     (0141) 577 3059

EAST RENFREWSHIRE COUNCIL - WORKING FOR YOU

<www.eastrenfrewshire.gov.uk>

-----Original Message-----
From: The UK Records Management mailing list [mailto:[log in to unmask]]On Behalf Of Harrison, Iain
Sent: 05 June 2008 08:27
To: [log in to unmask]
Subject: Re: FOI and filters

There hasn't been much/any precedent in the UK concerning cases of this kind, and my view is that it is probably a bit of a non-starter as frankly most stuff likely to be filtered out (at Coventry certainly) would not meet most of the basic UK FOI requirements anyway i.e. It may be in writing, but whether it gives a correspondence address and describes the information required would be debateable. 
 
If I put a request in, and it goes unanswered, I would chase, often by another means, or via a different contact, so that option is surely available to the determined/thwarted requester?
 
If challenged, we can state that we are also required by other legislation i.e. DPA to take reasonable organisational & technical measure to protect personal data (and by implication-our systems)-and use of filters and blocking software/controls is arguably part of that, as is compliance with standards, good practice etc. Granted, there may be cases where staff (because of what they do) need to receive certain types of material-but that can be assessed on a case-by-case basis
 
In short, us applying a block (that is not too restrictive) to what we consider and have defined as unreasonable/dangerous is clearly a defensible position!
 
Iain Harrison
Information Governance Officer
Information Governance Team
Customer & Workforce Services
Coventry City Council
Council House
Earl Street
Coventry CV1 5RR
 
Telephone No: 024 7683 3305
Fax No:          024 7683 3395
 
www.coventry.gov.uk 
 

From: The UK Records Management mailing list [mailto:[log in to unmask]] On Behalf Of Sonya Sherman
Sent: 05 June 2008 05:55
To: [log in to unmask]
Subject: FOI and filters

Hi everyone,

 

I'm wondering if anyone can provide some advice on the best way to handle the implementation of email spam filters in government departments, with respect to the provisions of the Freedom of Information Act.

How do you manage the risk of a legitimate request for information being blocked and deleted at the server, and never delivered to the intended recipient for action?

 

Would it be sufficient to publish (in the email policy) broad details about the filter, and adding some kind of explanatory note on any webpage where the FOI contact address apprears? Requests can of course be sent to any government officer (not just via the dedicated FOI address) and our IT folk are not keen to publish much detail about filter settings, as they feel this will enable spammers to circumvent the filter.

 

I've done a bit of random Googling but can't find many published cases - or consistent findings - regarding appeals where requests had been filtered out.

 

Grateful for any thoughts, suggestions or precedents you may have.

Best wishes

Sonya

 
 
 
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