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1 Executive summary
1.1 The University is required to be transparent and accountable as part of its day-to-day business, both as a charity and as a University with a global profile. 1.2 In 2011, the University has received double the FOIA requests it received in 2010. 1.3 The University has concerns about the increasingly non-public nature of its funding and its status as a public authority under the Act. In particular, concerns about private competitors using the Act to obtain commercially sensitive information e.g. procurement, service contracts, business plans and operational metrics. 1.4 The University feels that the specific challenges facing the Higher Education Sector around FOIA have not been given adequate attention by the Information Commissioner, though the situation is improving. 1.5 The University supports the draft research exemption submitted by Universities UK as part of the Protection of Freedoms Bill but would like to see further exemptions e.g. exemption for all non-publically funded activity.
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3 Consultation questions
3.1 The Committee has invited written evidence on the issues set out below: 3.2 The four objectives of the Freedom of Information Act (FOIA) outlined in the Memorandum to the Justice Select Committee are as follows: a) b) c) d) Openness and Transparency Accountability Better Decision Making Public Involvement in Decision-Making Does the Freedom of Information Act work effectively? What are the strengths and weaknesses of the Freedom of Information Act? Is the Freedom of Information Act operating in the way that it was intended to?
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the contributions from the Colleges of 9.1M, the total direct and indirect reliance on public funding amounts to 14.4% of the total income of 146.8M. The English average for grants from HEFCE as a percentage of total income by comparison is around 34%. 1 As the cost of higher education is increasingly to be directed towards the student rather than the government, Universities cannot be expected to face the same regulatory burden and level of scrutiny as befits a central government department or local authority. The long-term prospects of more private sector providers of higher education could create a two-tier situation where some Universities are subject to FOIA and its associated costs, whereas others can divert these resources back to core services such as teaching or research.
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9 The status of Universities with the ICO
9.1 It can appear that Universities have been an afterthought to the Information Commissioner and other information rights policy makers. Many centralised standards and decisions are led by a central or local government focus. This even persists in the current Memorandum. 9.2 The high-profile ICO decision notices involving Universities University of Central Lancashire and its course material, the research data held by Queens University Belfast 2 have not recognised the more nuanced commercial interests and working practices of Universities. This has led to widespread anxiety in Universities about the impact of FOIA on their teaching and research in a competitive environment. 9.3 The ICO guidance for Higher Education around FOIA, published in September 2011 3 , was welcome in addressing some of the specific concerns of the sector. The developing dialogue between Universities and the ICO can only improve this relationship. It is hoped that this can make Universities more confident in exempting information that is commercially sensitive or prejudicial to the conduct of their public affairs without the fear that the ICO would order disclosure.
Information Commissioner, Decision Notice FS50140374, March 2009 http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fs_50140374.pdf and Information Commissioner, Decision Notice FS50163282, March 2010 http://www.ico.gov.uk/upload/documents/decisionnotices/2010/fs_50163282.pdf. The University was instructed by the ICO to disclose the request for information under the Environmental Information Regulations 2004. 3 Information Commissioner, Freedom of information legislation and research information: guidance for the higher education sector (September 2011) http://www.ico.gov.uk/news/latest_news/2011/icoissues-advice-on-the-disclosure-of-research-information-26092011.aspx
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10 Calculating appropriate limits under Section 12
The grounds for refusal in Section 12 of the FOIA, exceeding appropriate limits, provides a vital safeguard for public authorities. It is often used as the basis for narrowing down requests for information with requesters. One issue that would make this more appropriate to the challenges inherent in the Act is the ability to include redaction in the calculation of the 18 hours. Currently public authorities are only allowed to consider the following: determining whether we hold the information (this can include meeting and discussion) locating the information, or a document containing it retrieving the information, or a document containing it extracting the information from a document containing it
The redaction of information in response to a request often concerns the identification and removal of personal information or commercially sensitive information. Therefore it is a task for information compliance staff or a senior member of staff with a grasp of both FOIA issues and the nature of the information for disclosure. Redaction is often the most time intensive part of responding to a request. January 2012
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