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Frequently asked questions - for staff

If you have any questions relating to the Freedom of Information Act 2000 or handling freedom of information requests please contact James Button, the Freedom of Information Officer (extn. 3225).

How do people access information?

There are two ways people can access information held by the University using the Freedom of Information Act. The first is via the Publication Scheme which lists the types of information the University makes available to the public as a matter of routine e.g. prospectuses, the Library catalogue and the minutes of some committees. The second is by making a request.

What exactly is a 'request' under the Freedom of Information Act?

In theory, almost any written request for information held by the University constitutes an access to information request under the terms of the Freedom of Information Act 2000. Requests for information can be made by any individual or organisation from anywhere in the world. An enquirer is not obliged to cite the Act or to specifically mention freedom of information. Nor is he or she under any legal obligation to reveal why a particular piece of information is being requested. All routine enquiries by letter and fax, and via e-mail, dealt with as a matter of course on a daily basis in offices and departments across the University, will, therefore, fall within the legal definition of an FOI access request.

In practice, it is neither feasible nor desirable to formally identify simple enquiries, which can be handled straightforwardly in the office where they are received, as FOI requests. Therefore, letters, faxes and e-mails requesting, for example, public lecture programmes, details of academic courses of study, qualification verification, copies of the latest University prospectus or annual report etc. should continue to be dealt with by the appropriate departments.

What do I do if I receive a request?

If you receive a request for information that you would routinely supply in the course of your normal work, simply continue as usual. You should note, though, that the Act places public bodies under a duty to provide advice and assistance to those who intend to make or have already made an access to information request. If you are not able to provide the information a requestor is looking for, you should try to ensure that he/she is directed to the appropriate office, department or external organisation.

If you receive a more complicated request for information, that you are in any way unsure about, contact the Freedom of Information Officer immediately. You should generally regard a request as complicated if it involves one or more of the following:

  • An explicit reference to the Act or to freedom of information generally
  • Information about a living person
  • Information which may be commercially sensitive or which relates to the University's financial interests
  • Information about the University environment (e.g. buildings, grounds, waste management etc.)
  • Information which has been given in confidence
  • Information relating to health and safety issues
  • Consultation with an external body or third party (e.g. contractors, research funding bodies etc.)
  • Information which you do not hold
  • Information the provision of which is likely to require considerable staff time and departmental resources, therefore necessitating the charging of fees
  • Information held in several different departments or sections of the University
  • Requests that are vexatious or may be part of an orchestrated campaign

What about requests made on the telephone?

A request for information received via the telephone does not constitute a request under the Act. You should continue to deal with simple requests for information made over the telephone in the normal way, but if a telephone enquiry proves to be complex or potentially problematic, you should suggest that the caller put their request into writing.

When is a request 'received'?

A freedom of information request is 'received' when it is delivered to the University post room or to the inbox of a member of staff. The Act stipulates that all requests must be answered within 20 working days from the date of receipt. If you receive a request which you cannot deal with in the normal course of your work, contact the Freedom of Information Officer immediately.

What should I do if I'm away from the University and cannot 'receive' requests?

If you plan to be away from your office for more than a week, arrangements should be made to ensure that requests for information are re-routed. You should also ensure that an automated e-mail response message is in place, providing requestors with an alternative contact during your absence. For instructions on setting up such a message visit the BUCS web pages.

Is there any information which the University does not have to make available?

The Freedom of Information Act outlines some types of information which are exempt from disclosure. Generally the University is not required to disclose:

  • Information about living individuals the processing of which is covered by the Data Protection Act 1998.
  • Information that might jeopardize the health and safety of staff, students or the public.
  • Information that might prejudice the University's commercial interests.
  • Information that would prejudice the prevention or detection of crime or the prosecution of offenders.
  • Information concerning legal proceedings or investigations being carried out by the University that might lead to criminal or civil proceedings.
  • Information held under obligation of confidentiality.
  • Information that is published elsewhere or that is intended for publication at a later date (e.g. draft versions of documents, information subject to amendment or approval by the appropriate University body).

The application of the exemptions set out in the Act is complex, so you should not attempt to use them yourself. If you receive any request for information that you cannot deal with straightforwardly, contact the Freedom of Information Officer immediately.

Can the University charge for the information it provides?

Under the terms of the Act the University is entitled to charge a fee for providing information in response to an access to information request. The government has set a cost limit for public bodies and has published regulations on how the costs of dealing with a request should be calculated. If the anticipated cost of an access request exceeds £450, the University may decline to fulfil the request unless the requestor agrees to pay the total estimated cost or chooses to modify his/her enquiry. In cases where costs do not exceed the limit, the University may charge printing, photocopying and postage costs.

What should I do if I receive a request for personal information?

If you receive a request for information about a living person - this might include departmental student files, examination scripts, comments written on student assignments, staff files - you should seek advice from the University Data Protection Officer.

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