JiscMail Logo
Email discussion lists for the UK Education and Research communities

Help for RECORDS-MANAGEMENT-UK Archives


RECORDS-MANAGEMENT-UK Archives

RECORDS-MANAGEMENT-UK Archives


RECORDS-MANAGEMENT-UK@JISCMAIL.AC.UK


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

RECORDS-MANAGEMENT-UK Home

RECORDS-MANAGEMENT-UK Home

RECORDS-MANAGEMENT-UK  July 2004

RECORDS-MANAGEMENT-UK July 2004

Options

Subscribe or Unsubscribe

Subscribe or Unsubscribe

Log In

Log In

Get Password

Get Password

Subject:

Re: FoI Requests for information and e-mail discussion lists

From:

"Fresko, Marc" <[log in to unmask]>

Reply-To:

Fresko, Marc

Date:

Fri, 9 Jul 2004 12:21:19 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (175 lines)

Actually, IMHO, Martin's reply to Joseph Wisener applies largely to Richard Childs' original question about receipt via e-mail discussion lists - because the vast majority of questions on these lists are not requests for "information which is held" but rather for opinions and advice.  I don't think anyone is going to support the view that opinions are "held" by public authorities (for the purposes of the Act...)

Unfortunately, this line of argument does not address the minority of questions which are for recorded information.

Marc Fresko



> -----Original Message-----
> From: The UK Records Management mailing list
> [mailto:[log in to unmask]]On Behalf Of Martin Green
> Sent: 09 July 2004 12:05
> To: [log in to unmask]
> Subject: Re: FoI Requests for information and e-mail discussion lists
> 
> 
> Oh dear, another one of those pointless questions about FoI!
> 
> The FoI allows someone to ask for information  - that's the 
> written down
> stuff - not tacit knowledge. So the answer is NO!
> 
> Martin (a Government Official with a brain)
> 
> -----Original Message-----
> From: Wisener Joseph [mailto:[log in to unmask]]
> Sent: 09 July 2004 11:54
> To: [log in to unmask]
> Subject: Re: FoI Requests for information and e-mail discussion lists
> 
> 
> Dear all,
> 
> Try as I might I cannot resist - I feel compelled to ask a question!!
> 
> If you email me a request for information about x subject via 
> a discussion
> list and I respond - are you or anyone else able then to put 
> forward an FOI
> request to view all information held on that subject? If so, 
> who is going to
> 'mine' my head for the tacit knowledge used to provide the 
> answer to your
> original question, raised in you initial request?
> 
> Email is the written communications medium, akin to the human 
> voice when
> communicating verbally!! Should we then do a brain scan 
> (assuming we can
> find one) of all Gov Officials to whom we may address a 
> question, on the
> basis that they verbally answered our question and therefore must have
> retained the answer in their inbuilt filing cabinet (brain)?
> 
> Can I slap an FOI request on his/her forehead and go to 
> litigation due to
> lack of response?
> 
> How would I know that I have exhausted the level of their knowledge?
> 
> Can I do a lobotomy to delete all files in case of future litigation?
> 
> 'Wow' the possibilities are limitless... to infinity and beyond!!!!!
> 
> Regards
> Joseph
> 
>  -----Original Message-----
> From:   Paul Dodgson [mailto:[log in to unmask]]
> Sent:   09 July 2004 10:01
> To:     [log in to unmask]
> Subject:        Re: FoI Requests for information and e-mail 
> discussion lists
> 
> It's Friday!
> And of course everything the Information Commissioner says is Gospel -
> Praise be!!
> Lets look at the advice in more detail
> 
> The Question
> 
> I would like advice as to whether a request for information 
> received via an
> electronic mailing list, which is distributed to list members who are
> employed by public authorities, is to be interpreted as a request for
> information under Section 1(1) FoIA.
> 
> 
> Does is make any difference if the mailing list is open to all or just
> restricted to members who are employees of a specific sector of public
> authorities, e.g Higher and Further Education?
> 
> 
> A request for information received via an electronic mailing 
> list should
> be interpreted as a request for information under Section 1(1) of the
> Freedom of Information Act.  As long as the request is in 
> writing, states
> the name of the applicant and an address for correspondence (email
> addresses are sufficient) and describes the information requested, the
> means by which the request is received is insignificant.  
> Furthermore, it
> would not make any difference whether the mailing list is 
> open to all or
> just members who are employed in a specific sector of public 
> authorities.
> This is because everyone has an equal right of access under the Act.
> 
> 
> Some thoughts
> 
> Ok, note the lead in the discussion - a request for 
> information received.
> If we institute no-mail then the request is not received, does the ICO
> have the power to investigate whether no-mail was active - 
> unlikely.  If
> we are not members of jismail (tut tut - splitters!!)we have 
> not received
> the request.
> 
> In any case, if a requester points the request to a public 
> authority and
> the authority recevies that request so what!  We would deal with the
> request in any case, whatever the medium used to transmit, 
> after all it is
> not local government credibility being re-built through FOI 
> (although DCA
> do not agree), we readily assist wherever possible.
> 
> Hands up!  who is going to use jiscmail for formal FOI 
> enquiries, come on
> out of the forest, show yourself!
> 
> The ICO says "common sense" I think they need to use the same 
> themselves
> and consider their initial guidance carefully, a simple reference to
> legislation requires assessment, risk mangement and common sense, not
> applied by the ICO in their response - in my view.  If 
> legislation was so
> clear cut we would save a fortune on Legal Aid!
> 
> Happy Friday!
> 
> 
> **********************************************************************
> This e-mail, and any files transmitted with it, are confidential.
> If you are not the intended recipient, please notify our Help Desk
> (e-mail: [log in to unmask] or phone: +44-1293-573333)
> immediately.
> You should not copy or use this e-mail or attachments for any purpose
> nor disclose their contents to any other person.
> 
> Please note that all e-mail messages sent to the Civil 
> Aviation Authority
> are subject to monitoring / interception for lawful business purposes.
> **********************************************************************
> 
> PLEASE NOTE: THE ABOVE MESSAGE WAS RECEIVED FROM THE INTERNET.
> 
> On entering the GSi, this email was scanned for viruses by 
> the Government
> Secure Intranet (GSi) virus scanning service supplied 
> exclusively by Energis
> in partnership with MessageLabs.
> 
> Please see 
http://www.gsi.gov.uk/main/notices/information/gsi-003-2002.pdf
for further details.

In case of problems, please call your organisational IT helpdesk

______________________________________________________________________
This email has been scanned by the MessageLabs Email Security System.
For more information please visit http://www.messagelabs.com/email
______________________________________________________________________

Top of Message | Previous Page | Permalink

JISCMail Tools


RSS Feeds and Sharing


Advanced Options


Archives

April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
August 2003
July 2003
June 2003
May 2003
April 2003
March 2003
February 2003
January 2003


WWW.JISCMAIL.AC.UK

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager