An Information Commissioner has been appointed to police the Freedom of Information Act.
The first public authorities to come on board Freedom of Information Legislation will be Central Government in November 2002 when these authorities will be required to publish Freedom of Information “Publication Schemes” including the mode of informing the public of such schemes.
It is further anticipated that Local Councils etc will come on board in the second phase during February 2003 when they will be required to introduce Publication Schemes.
Other public authorities e.g. the police service are expected to come on board in June 2003.
The general right of access to information held by public authorities must come fully into force within 5 years commencing 30 November 2000. However, it is strongly recommended that a proactive approach be given to these matters.
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Summary of Main Features
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- Record keeping
- Record Maintenance
- Disposal Arrangements
- Record Closure
- Management Policy Statement
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- Appraisal Planning and Documentation
- Record Selection
- Management of Electronic Records
- Publication Scheme
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- Interface between data protection rights and the FOIA
- Contracts and confidentially including
- "Guide to tenderers and contractors on contracts and FOI"
- Contract clauses dealing with FOI
- Authority on the relevant exemptions and suggestions on how the interface should be handled
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Codes of Practice
The Freedom of Information Act requires the issue of two Codes of Practice:
(i) The Secretary of State’s Code of Practice will provide guidance to public authorities on good administrative practice for dealing with requests for information.
(ii) The Lord Chancellor’s Code of Practice which will identify good practice in the keeping, management and destruction of records.
Broad reference to the Draft Codes of Practice is included and they provide a comprehensive overview of the main features of the Act.
Additional Requirements
Public Authorities will need to have in place a corporate Freedom of Information policy statement on records management endorsed by senior executives.
A senior representative of the authority will need to be designated as having responsibility for record management including the following functions;
The public will have a general right of access to information held by public authorities.
A duty on public authorities to adopt and maintain a scheme that relates to the publication of information and which is approved by the Information Commissioner.
It is essential that public authorities address the requirements of Freedom of Information Legislation NOW and ensure that personnel are properly trained to deal with these important issues. Training is a baseline requirement.
For further advice and guidance, please complete our contact form.
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