Freedom of Information Act 2000 policy
Glyndŵr University takes its responsibilities with regard to the management of the requirements of the Freedom of Information Act 2000 very seriously. This document provides the policy framework through which this effective management can be achieved and audited.
Contents
1. Scope of the policy
2. Responsibilities
3. Relationship with existing policies
4. Available guidance
5. The University’s Publication Scheme
6. Specific requests for information
7. Charges
8. Complaints
9. Exemptions
10. Contacts
1. Scope of the policy
The purpose of this policy is to ensure that the provisions of the Freedom of Information Act 2000 are adhered to and in particular that:
- a significant amount of routinely published information about Glyndŵr University is made available to the public as a matter of course through the Publication Scheme;
- other information not included in the Publication Scheme is readily available on request and such a request is dealt with in a timely manner; and
- in cases where information is covered by an exemption, consideration is given as to whether or not the information should be released.
2. Responsibilities
The University recognises its corporate responsibility under the Act to provide a general right of access to information held. The Senior Officer with overall responsibility for this policy is the Pro Vice Chancellor, Administration.
The Freedom of Information Officer is responsible for drawing up guidance on freedom of information and promoting compliance with this policy in such a way as to ensure the easy, appropriate and timely retrieval of information.
Members of staff will be offered an introductory briefing on the Freedom of Information Act procedures. In addition each School and Department will be required to put forward a designated member of staff who will be trained in the requirements of the policy, to to progress requests that are received under the act in line with this policy.
3. Relationship with existing policies
This policy has been formulated within the context of the following Glyndŵr University’s documents:
- Communications Policy
- Data Protection and Data Disposal Policy
- Records Management Policy
- Welsh Language Scheme
4. Available guidance
Guidance on the procedures necessary to comply with this Policy is available from the Freedom of Information Officer.
5. The University's Publication Scheme
Glyndŵr University’s Publication Scheme is available on the web pages or in hard copy from the Freedom of Information Officer. The Publication Scheme will specify:
- what information the University will make routinely available to the public as a matter
of course - how it will do so, and
- whether or not this information will be made available free of charge or on payment
of a fee
6. Specific requests for information
Information not already made available in the Glyndŵr University’s Publication Scheme will be accessible from January 2005 through a specific request for information. In this regard the Freedom of Information Act establishes two related rights:
- the right to be told whether information exists, and
- the right to receive the information (subject to exemptions)
These rights can be exercised by anyone - natural or legal persons, worldwide. These specific requests for information not listed in the publication scheme will be dealt with by the Freedom of Information Officer.
Any request must be made in a permanent form (for example in writing or by email) and a charge may be made for dealing with any request. Requestors will not be entitled to information to which any of the exemptions in the Act applies. However, only those specific pieces of information to which the exemption applies will be withheld, and information covered by an exemption will be subject to review by the Academic Registrar.
The University must respond to any request within 20 working days although further reasonable details can be requested in order to identify and locate the information. If a fee is required, the period of 20 working days is extended by up to 3 months until the fee is paid.
7. Charges
Unless otherwise specified information made available through the Glyndŵr University’s Publication Scheme will be free of charge.
The University may however charge an appropriate fee for dealing with a specific request for information not listed in the publication scheme. This charge will be calculated according to the published ”Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004.
8. Complaints
If an application is dissatisfied with the response received following a request for information under the Freedom of Information Act 2000, a complaint may be made to the University.
- This complaint should be submitted to the Academic Registrar and should detail the initial request and provide a brief explanation of the reasons for dissatisfaction with the initial response received. The Complaint will be acknowledged immediately and the Academic Registrar will provide a fuller response within 15 working days.
- If the Academic Registrar was involved in the initial response, the complaint will be forwarded to the Pro-Vice Chancellor, Operations, to provide the response within 15 working days.
- Following exhaustion of the University’s internal complaints procedure, as detailed above, if the complainant remains dissatisfied, she/he may seek an independent review from the Information Commissioner.
Requests for review by the Information Commissioner should be made in writing to:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel. 08456 30 60 60 or 01625 54 57 45
Fax. 01625 545 510
Details of the ICO complaints procedure can be found at:
http://www.ico.gov.uk/complaints/freedom_of_information.aspx
9. Exemptions under the Act
There are a number of exemptions under the Act, some exemptions where the public interest test applies, and others which are absolute exemptions. The full list of exemptions can be found at Appendix 1 of this policy. Further details of these exemptions can be found on the Information Commissioner’s website.
The University may decide that some information it holds could be regarded as exempt information under the Act. Where a request is made for information which includes exemptions the University will consider the prejudice test and the public interest test, and may in some circumstances withhold the requested information.
10. Contacts
Freedom of Information Officer
Academic Office
Glyndŵr University
Plas Coch
Wrexham
LL11 2AW
Phone: 01978 293498
Fax: 01978 293378
Email: foi@glyndwr.ac.uk
9 December 2008
APPENDIX 1
List of exemptions under the Freedom of Information Act 2000:
A. Exemptions where the public interest test applies
s22: Information intended for future publication
s26: Defence
s27: International relations
s28: Relations within the United Kingdom
s29: The economy
s30: Investigations
s31: Law enforcement
s33: Public Audit
s35: Policy Formulation, Ministerial communications, Law Officers’ advise and the operation of the Ministerial Private Office
s36: Effective conduct of public affairs (except information held by the House of Commons or the House of Lords)
s37: Communications with Her Majesty, and the awarding of honours
s38: Health and safety
s39: Environmental information
s40: Personal information (Only where the information concerns a third party and a notice under the Data Protection Act 1998 applies to that information)
s42: Legal professional privilege
s43: Commercial interests
s43: Public sector contracts – FOI Annexe
s43: Commercial detriment of third parties
B. The absolute exemptions
If these exemptions apply it is not necessary to go on to consider whether the disclosure is in the public interest.
s21: Information accessible to applicants by other means
s32: Information contained in court records
s34: Parliamentary privilege
s36: Effective conduct of public affairs (only applies to information held by the House of Commons or the House of Lords)
s40: Personal information (where the applicant is the subject of the information)
s41: Information provided in confidence
s41: The duty of confidence and the public interest
s41: Information provided in confidence relating to contracts
s44: Prohibitions on disclosure where a disclosure is prohibited by an enactment or would constitute contempt of court
