Print

Print


I think we have to go beyond the strict definition of records for FOI.

For example early pre-consultation drafts of a cabinet report which I am
working on, would never be declared as records, and would not be held as
evidence (I would destroy the early drafts when I have a consultation
version ready), but if a request came in today they would be, I believe
regarded as information held on the issues they cover, and unless it was a
subject where I could refuse to confirm or deny, would be disclosable.
Having said that I am equally certain that it would be exempt under e.g. s36
and that the public interest would be in my favour as it would be
unreasonable to compel disclosure of such no-status working documents.

I would say I 'Hold' information if it exists and I can either access it, or
control access to it.  meaning

-----Original Message-----
From: Tony May [mailto:[log in to unmask]]
Sent: 29 April 2004 10:11
To: [log in to unmask]
Subject: FOI definition - what is held?


Hi all
The UK FOI act continually mentions information we hold, information held by
an organisation. However it never defines the word "held".

Has anyone obtained a definition of the word held?

I am currently using the ISO 15489 definition of a record within our records
management policy;

Records ? information created, received and maintained as evidence or
information by an organisation or person, in pursuance of legal obligations
or in the transaction of business.

To my mind this could be used as a definition of what is held by the
organisation. However as "held" has not been defined I am looking for other
opinions and thoughts.

Please reply on list as I think this is a very interesting area and could
create a good discussion.

Thanks
Tony May
Documents Manager
Hertfordshire County Council
Phone: 01992 556 729
Comnet 26729





**********************************************************************
The information in this message should be regarded as
confidential and is intended for the addressee only unless
explicitly stated. If you have received this message in error
it must be deleted and the sender notified. The views
expressed in this message are personal and not necessarily
those of Hertfordshire County Council unless explicitly
stated. Please be aware that emails sent to or received
from Hertfordshire County Council may be intercepted and
read by the Council. Interception will only occur to ensure
compliance with Council policies or procedures or
regulatory obligations, to prevent or deter crime, or for the
purposes of essential maintenance or support of the email
system.
**********************************************************************


**********************************************************************
Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message and kindly notify the sender by reply email. Please advise immediately if you or your employer does not consent to Internet email for messages of this kind.  Opinions, conclusions and other information in this message that do not relate to the official business of the Council of the City and County of Cardiff shall be understood as neither given nor endorsed by it.  All e-mail sent to or from this address will be processed by Cardiff County Councils Corporate E-mail system and may be subject to scrutiny by someone other than the addressee.
**********************************************************************
Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon.  Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges.  Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith.  Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
**********************************************************************