Freedom of Information Act 2000 (FOIA) & Environmental Information Regulations 2004 (EIR) Public Interest Test FOI_1204

Similar documents
Policy on Freedom of Information

Information on the Copenhagen Climate Change Summit and relations between Scotland and the United Kingdom and China

ICO lo. The economy (section 29) Freedom of Information Act. Contents

Freedom of Information Act 2000 (FOIA) Decision notice

Freedom of Information Act Policy

Freedom of Information Act 2000 (FOIA) Decision notice

Freedom of Information Act 2000 (FOIA) Decision notice

Decision 111/2012 Catherine Stihler MEP and the Scottish Ministers

PROCESS FOR RESPONDING TO PREVENT / EXTREMISM Freedom of Information Act REQUESTS

Trust Board Agenda & Minutes Guidance & Release

Freedom of Information Policy

Freedom of Information Act 2000 (FOIA) Decision notice

Applicant: Mr James C Hunter Authority: Glasgow City Council Case No: Decision Date: 18 December 2006

Freedom of Information: internal review

Environmental Information Regulations 2004 (EIR) Decision notice

Decision 133/2010 Mr Chris Millar and Transport Initiatives Edinburgh Ltd

CDC Group 26 May 2011 CDC POLICY IN RELATION TO FREEDOM OF INFORMATION ACT 2000

Freedom of Information Act 2000 (FOIA) Decision notice

How we deal with complaints

Decision 118/2010 Mr Peter Cherbi and the Scottish Ministers

Freedom of Information Act 2000 (FOIA) Decision notice

Chapter 5: The consequences of not correcting Penalties Models

Freedom of Information Act 2000 (FOIA) Decision notice

Decision Notice. Decision 234/2014 Shetland Line (1984) Ltd and Transport Scotland

Re: (b) The amounts given to each partner, as well as a description of the activities undertaken with the funding.

Decision 036/2013 Mr George Matthews and Borders NHS Board. Comparative costs of hearing aids. Reference No: Decision Date: 6 March 2013

Correspondence with Commission on Delivery of Rural Education

Decision 216/2010 Mr Peter Cherbi and the University of Glasgow

Freedom of Information Act 2000 (FOIA) Decision notice

Decision 126/2007 Mr Rob Edwards of the Sunday Herald and the Scottish Executive

Freedom of Information Act 2000 (FOIA) Decision notice

Freedom of Information, data protection and papers of a previous administration

I am writing to confirm that Ofcom has now completed its search of relevant documents falling within your request.

Freedom of Information Act 2000 (FOIA) Decision notice

Freedom of Information Act 2000 (FOIA) Decision notice

Freedom of Information Act Policy

Freedom of Information Act 2000 (FOIA) Decision notice

Freedom of Information Act 2000 (FOIA) Decision notice

Decision 063/2009 Mr David Rule and Historic Scotland. Flags flown over Edinburgh Castle. Reference No: Decision Date: 29 May 2009

1. How many claims have been brought against the BBC for unfair dismissal since 2004?

ANTI-MONEY LAUNDERING POLICIES, CONTROLS AND PROCEDURES

Freedom of Information Act 2000 (FOIA) Decision notice

Process and methods Published: 18 February 2014 nice.org.uk/process/pmg18

Assessment report. Kevin Dunion Scottish Information Commissioner. Kinburn Castle Doubledykes Road St Andrews KY16 9DS Tel:

Freedom of Information Act 2000 (FOIA) Decision notice

Aldridge Education. Freedom of Information Policy and Procedure

Standard contractual clauses for the transfer of personal data to third countries - Frequently asked questions

1. All details Ofcom have of complaints reported through the BBC, linked with PLT interference.

Before C Hughes Judge and Henry Fitzhugh and Andrew Whetnall Tribunal Members

FREEDOM OF INFORMATION ACT 2000 AND ENVIRONMENTAL INFORMATION REGULATIONS 2004 POLICY

Freedom of Information Act 2000 (FOIA) Decision notice

IN THE MATTER OF AN APPEAL TO THE FIRST-TIER TRIBUNAL (INFORMATION RIGHTS) UNDER SECTION 57 OF THE FREEDOM OF INFORMATION ACT 2000 ANDREW REEVES-HALL

European Parliament resolution of 6 April 2011 on the future European international investment policy (2010/2203(INI))

INCEPTION IMPACT ASSESSMENT. A. Context, Subsidiarity Check and Objectives

Report on the Findings of the Information Commissioner s Office Annual Track Individuals. Final Report

The Information Commissioner s response to the FCA s Credit card market study: consultation on persistent debt and earlier intervention remedies

Policy for Approving Primary Care Prescribing Rebate Schemes

Memorandum of understanding between the Office for Budget Responsibility, HM Treasury, the Department for Work & Pensions and HM Revenue & Customs

Hoyer UK Group Tax Strategy

Freedom of Information Act 2000 (FOIA) Decision notice

Applicant: Mr George Gebbie Authority: Scottish Legal Aid Board Case No: and Decision Date: 18 February 2008

Inchcape Shipping Services Tax Strategy

Freedom of Information Request 044/16-17

Decision 063/2011 Mr Paul Giusti and North Lanarkshire Council. Contact details for landlords on the register of private landlords

Infrastructure ESG policy guidelines

Freedom of Information Act 2000 (FOIA) Decision notice

ASIC s Regulatory Guide 247 Effective Disclosure in an Operating and Financial Review and the International Integrated Reporting Framework

The Commission aims to respond to requests for information promptly and has done so within the statutory timeframe of twenty working days.

Welcome To Your Data Protection Journey. Paula Tighe Information Governance Executive

Freedom of Information Act 2000 (FOIA) Decision notice

GUIDANCE NOTE ON THE DATA PROTECTION ACT Information for clubs & county associations

Freedom of Information Act 2000 (FOIA) Environmental Information Regulations 2004 (EIR) Decision notice

Authorised Officer is any officer permitted by an Appropriate Officer to authorise orders and contracts as per clause 2.5.

Ministry of Finance and Ministry of Economic Development with the Bermuda Monetary Authority. Explanatory Note

3. Any correspondence between Ofcom and Al Jazeera or any of its channels (including Al Jazeera Arabic) since 5th June 2017; and

Market Abuse Directive. Level 3 Third set of CESR guidance and information on the common operation of the Directive to the market. Public Consultation

ENABLE Funding Programme

First-tier Tribunal (General Regulatory Chamber) Information Rights Appeal Reference: EA/2017/0194. Before Judge. David Farrer Q.C.

Freedom of Information Act 2000 (FOIA) Decision notice

Contract Good Practice. an ACE guide

DIRECT CLIENT DISCLOSURE DOCUMENT 1. Indirect Clearing

Freedom of Information Act 2000 (FOIA) Decision notice

POSITIVE SOLUTIONS FAIR PROCESSING NOTICE

Decision 218/2011 Mr Ralph Lucas and Glasgow Caledonian University

Both the Financial Conduct Authority and The Pensions Regulator have strengths that could helpfully inform approaches taken by the other regulator

Fair Processing Notice

What is a Fair Processing Notice (FPN)? To ensure that we process your personal data fairly and lawfully we are required to inform you:

Cross border transactions:

Memorandum of Understanding between Office for Budget Responsibility, HM Treasury, Department for Work and Pensions and HM Revenue & Customs

DATA PROTECTION AND PERSONAL INFORMATION FAIR PROCESSING POLICY

CESR STATEMENT. Application of Disclosure Requirements Related to Financial Instruments in the 2008 Financial Statements

Operating Agreement S4C. Draft for consultation August 2012

ASTRAZENECA GLOBAL POLICY DATA PRIVACY

Project Plan for Installing LED Street Lights Adam Carey, Citelum

Cbus In this Policy 01 Purpose and objectives of the Policy 02 Application 03 Accountability 04 Key Legislative Obligations and Trustee Powers

Risk management policy

Request for draft document on Starting Price Adjustment Input Methodology

ENABLE Guarantees Programme. A Request for Proposals

ICT SERVICES AGREEMENT SCHEDULES SCHEDULE 9.1 STAFF TRANSFER

Frank Field MP Work & Pensions Select Committee House of Commons LONDON SW1A 0AA. 24 June Dear Mr Field

Transcription:

Freedom of Information Act 2000 (FOIA) & Environmental Information Regulations 2004 (EIR) Public Interest Test FOI_1204 The Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) give rights of public access to information held by public authorities. On occasion, during the process of considering a request for information, it may be necessary for the Trust to undertake what is known as a Public Interest Test. This is required by law when certain exemptions (FOIA), or exceptions (EIR) to disclosure are being applied. The term the public interest is not defined in either the (FOIA) or the (EIR). However something which is in the public interest may be summarised as something which serves the interests of the public. The public interest test entails a public authority deciding whether, in relation to a request for information, it serves the interests of the public either to disclose the information or to maintain an exemption or exception in respect of the information requested. To reach a decision, a public authority must carefully balance opposing factors, based on the particular circumstances of the case. Where the factors are equally balanced, the information must be disclosed. This document is designed to record the formal process undertaken by the Trust to comply with its obligations to undertake a public interest test where appropriate. This document will be issued directly to key members of staff who have knowledge, at an appropriate level, relating to the information being requested and or the potential consequences of its release. The document should be completed where indicated and returned to the Trust Information Governance Officer within 5 working days of receipt. Applying the public interest test: points to bear in mind The application of the public interest test is a balancing exercise. An authority must weigh up opposing, pertinent considerations as to what would be in the public interest. Before being asked to complete the test, the Trust Information Governance Department will have established that the requested information potentially engages a particular exemption or exception/s. In applying the test, only public interest considerations relevant to the individual exemption being claimed should be taken into account in relation to maintaining the particular exemption, rather than general public interest considerations which might appear to be relevant. The exemption or exception being claimed will be specified on page two of this document. Under the FOIA, conduct the test separately for each exemption claimed. However the position differs for the EIR, where public interest factors should be considered as a whole. TO BE COMPLETED BY INFORMATION GOVERNANCE DEPARTMENT: Page 1 of 5 REVIEW DATE: NOVEMBER 2014

FOI / EIR REQUEST REFERENCE: 1204 DATE: 5 th December 2012 NAME OF INFORMATION GOVERNANCE MANAGER: Heidi Doubtfire-Lynn DETAILS OF EXEMPTION / EXEMPTIONS BEING APPLIED: Exemptions under (FOIA) requiring the application of a public interest test include: Information intended for future publication (s22) Mark (X) where applicable: Exemptions under (FOIA) requiring the application of a public interest test and/or a prejudice test include: Defence (s26) Mark (X) where applicable: National Security (s24) International relations (s27) Investigations and proceedings conducted by public authorities (s30) Formulation of Government Policy (s35) Communications with Her Majesty and honours (s37) Relations within the United Kingdom (s28) The economy (s29) Law enforcement (s31) Health and Safety (s38) Audit Functions (s33) Environmental information (s39) Legal professional privilege (s42) Prejudice to effective conduct of public affairs (s36) Commercial Interests (s43) Personal Information (s40) EXPLAINATION OF WHY THE ABOVE EXEMPTION IS BEING CONSIDERED: The Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) provide rights of public access to information held by public authorities balanced with the rights of individuals under the Data Protection Act 1998. A Section 40 Exemption under the FOI Act is designed to address the tension between public access to official information and the need to protect personal information. Freedom of information requires public authorities to release information unless it is exempt, and wrongly withholding information will breach the FOIA. However, wrongly releasing an individual s personal information will breach the DPA. It is therefore very important to understand and apply this exemption correctly to ensure compliance with both regimes. A Section 36 Exemption (Prejudice to the effective conduct of public affairs) is being applied in relation to one document attached to two email chains identified as DOC 111 and DOC 129. Page 2 of 5 REVIEW DATE: NOVEMBER 2014

This document contains details of Salisbury NHS Foundation Trust s response to a questionnaire developed jointly by the members of the South West Pay Consortium. It has been designed specifically to provoke debate and discussion potential cost savings relating to staff current contractual arrangements. TO BE COMPLETED BY THE INDIVIDUAL SPECIFIED BELOW: NAME OF INDIVIDUAL REQUESTED TO COMPLETE PUBLIC INTEREST TEST: JOB TITLE: Peter Hill Chief Executive Officer (CEO) We set out below examples of the types of considerations, referred to in Information Tribunal decisions that a public authority might take into account in applying the public interest test. Note that some arguments may apply in either direction, depending on the facts. This is not intended to be an exhaustive list; authorities should refer to ICO guidance for considerations applicable to specific exemptions and exceptions. Please mark each example as either applicable or not applicable. PLEASE ADD AN X TO EACH ARGUMENT TO SHOW APPLICABLE OR NOT APPLICABLE. For those marked as applicable, please then add a description of why this is considered to be the case below. Irrelevant considerations in applying the public interest test The identity of the person making the request. The possibility that the information requested could be misunderstood or regarded as too technical or complex. The status of the information; for instance if it is classified, or if it relates to senior individuals. The number of exemptions being claimed. In relation to maintenance of the exemption, factors concerning a different exemption to the one being used are irrelevant. The accuracy of the information. Arguments that disclosure will lead to poorer record keeping. Examples of arguments that could weigh in favour Not of disclosure: A General arguments in favour of promoting transparency, accountability and participation B Disclosure might enhance the quality of discussions and decision making generally. C The balance might be tipped in favour of disclosure by financial issues. For instance, if the information requested involved a large amount of public money, this might favour disclosure. D The specific circumstances of the case and the content of the information requested in relation to those circumstances. E The age of the information might tip the balance in favour of disclosure. The passage of time may impact upon the strength of the public interest arguments. F The timing of a request, in respect of information relating to an investigation, may be relevant. This would depend on the stage the investigation had reached and how much information was in the public domain. G The impact (beneficial or otherwise) of disclosure upon Page 3 of 5 REVIEW DATE: NOVEMBER 2014

individuals and /or the wider public. H Other (please specify) I Other PLEASE ELABORATE HERE, DETAILS OF THE ARGUMENTS IN FAVOUR OF RELEASE OF THE INFORMATION MARKED ABOVE AS APPLICABLE: A B C D E F Examples of arguments that could weigh in favour of maintenance of the exemption - but only where relevant to the specific exemption being claimed The specific circumstances of the case and the content of the information requested in relation to those circumstances. The age of the information might tip the balance in favour of maintaining the exemption or exception. The passage of time may impact upon the strength of the public interest arguments. The likelihood and severity of any harm or prejudice that disclosure could cause. The significance or sensitivity of the information. For Not instance, is it live? The need for a safe space for The Trust to formulate and debate issues away from public scrutiny. The balance might lie in favour of maintaining the exemption or exception in view of the risk of disclosure inhibiting frankness and candour in debate and decision making, especially within government. The strength of this argument depends on clear evidence that it will have this effect. G In respect of information relating to an investigation, the timing of the request may be relevant, depending on the stage the investigation had reached, and how much information was in the public domain. H The impact (beneficial or otherwise) of disclosure upon individuals and /or the wider public. I Other (please specify) PLEASE ELABORATE HERE DETAILS OF THE ARGUMENTS THAT COULD WEIGH IN FAVOUR OF MAINTENANCE OF AN EXEMPTION OR EXCEPTION MARKED ABOVE AS APPLICABLE: Section 40: Argument The Trust has scrutinised the personal information subject to this FOI and taken all necessary steps to prevent the release of the personal contact details of staff in their role as employees of the organisations and endeavoured to maintain their rights under the Data Protection Act. This has been achieved by redacting details of employee s mobile telephone numbers and personal email addresses. Section 36: Argument Page 4 of 5 REVIEW DATE: NOVEMBER 2014

The current economic climate with the UK and the reduction of funding has placed immense financial pressures on Salisbury NHS Foundation Trust. Therefore, it is the duty of the Trust Board to show due diligence and investigate and debate any potential cost saving avenues. This includes a review of employee s terms and conditions of contract. Furthermore it is in the Trust s best interests to conduct open and frank discussions with other NHS organisations without reproach. Conclusion: Section 40: Personal Data The decision to redact the personal email addresses and mobile telephone numbers of employees must remain in place in order to fulfil the Trusts obligations under the DPA. Section 36: (Prejudice to the effective conduct of public affairs) This is a qualified exemption and therefore we have considered the public interest balance. The arguments for and against release have been assessed and it is our view that the balance of public interest falls in favour of the exemption. Please sign and date below to confirm that the information entered above is to the best of your ability, a true reflection of your opinion. SIGNED: DATED: 6 December 2012 Page 5 of 5 REVIEW DATE: NOVEMBER 2014