REQUEST HANDLING

What about routine requests for information we already provide?

You should continue to deal with these in the normal way. 

What happens if I receive an oral request?

Oral requests do not technically count as FOI requests. However, we have a duty to provide advice and assistance where an oral request has been made.  This may involve responding to and helping to formulate a request by asking for further information or directing them to Governance and Management Services. If you receive a voicemail message requesting information this would be classed as a valid FOI request as the request is in a ‘recordable’ form.

Note:  Requests for environmental information fall under the Environmental Information (Scotland) Regulations 2004.  Oral requests are a valid format under EIR.  Please contact Governance and Management Services on foi@napier.ac.uk.

Is an email request valid?

Yes, FOI requests are valid if we receive them via email though the applicant must use a "real name" in the body of the message.  The majority of FOI requests Edinburgh Napier deals with are received via email through the FOI portal.

How specific does the request need to be? What is someone requests everything to do with topic ’x’?

The Act states that we are allowed to ask the requestor to clarify their request if it is too vague for us to deal with. We are not allowed to ask why the applicant needs the information.  If a request is unclear, then please contact Governance and Management Services and we will clarify the question with the applicant.

What happens to the 20 working day period if I need more information from the requestor to help me deal with the request?

If we need to ask the applicant for more information to help you identify and locate the information they want, the 20 working days begins once you have received their clarification. 

If colleagues believe that gathering the information is likely to take more than the statutory 20 days, then they should contact Governance and Management Services in the first instance.

Is there a requirement to log requests coming in and the answers going out?

We will be logging all requests that come in centrally to the FOI email address and to the office at Old Craig.  All the records management coordinators have been supplied with a log sheet to record requests that may contain exempt information, cost implications or are vexatious/repeated.  There is no need to log simple everyday requests.

What happens if I receive a request which asks me to release information but also provide some statistical analysis? Do I have to do this?

We are not obliged to create new information to respond to an information request, although an applicant can ask you to provide a digest or summary of the information.  If colleagues receive an information request directly, they should  notify Governance and Management Services in the first instance.

What if I am asked to provide information which could be disadvantageous to the University, an external company or myself?

The Scottish Ministers' Code of Practice on the Discharge of Functions by Public Authorities under the Freedom of Information (Scotland) Act 2002 states that in deciding whether a disclosure is in the public interest, authorities should not take into account:

• possible embarrassment of government or other public authority officials;
• the seniority of persons involved in the subject matter;
• the risk of the requestor misinterpreting the information;
• possible loss of confidence in government or other public authority.

What happens if I am out of the office?

If you are out of the office for any length of time, you should make arrangements to make sure that any requests which you receive can be dealt with within the time limits.  We would advise that you set up an automatic “out of office” reply telling people that you are away from the office and giving an alternative contact point for any requests for information for example advising applicants to write to foi@napier.ac.uk. 

You should also make arrangements for your mail in-box to be looked at whilst you are away. If you have any documents secured under the Data Protection recommendations you should either leave the keys with another member of staff or produce an index to what each cabinet or cupboard contains.

Under no circumstances give other people your login details and passwords.

Whatever procedures you put in place, the request must still be dealt with within 20 working days of receipt.

If I have my out of office assistant on and it notified the person I was away and gave them another email address and they didn’t forward it on would it be my problem?

Technically yes, but as long as you have set up your out of office assistant and provided at least one alternative contact address and your date of return it will be reasonable to expect the applicant to forward the request.  However on your return you must check that the request has been dealt with. 

What do I do if I come back to the office after 23 days and discover an FOI request in my inbox that has not been dealt with?

If you return to the office and discover a request that has not been dealt with, please contact Governance and Management Services immediately to explain the situation and give them an estimate of when they will receive a completed response.

How do we estimate the cost of a request?

If you feel that the response would be expensive to collate and answer, please contact the Governance and Management Services.  All requests involving fees notices are dealt with centrally.

Does the 20 days apply to internal requests too? 

It makes no difference whether the person making the request is an employee of the University or not. The Act gives a general entitlement to receive information held by a Scottish public authority.

What format does our response have to be in?

We have a duty to respond in whatever format the requestor requests.  We also have a duty to comply with the Disability Discrimination Act.

Is it still a 20-day limit if the document is to be changed into Braille or audio?

Yes, if the requestor has requested the information in another format such as Braille or audio we still have to respond within 20 days.

I automatically delete any emails where the address is unknown to me.

This is no longer an acceptable practise.  An FOI request can come from anyone, anywhere. 

I get lots of questionnaires from various companies; does FOI mean that I must complete them?

Strictly speaking FOI legislation would mean that we would have to complete all questionnaires that we receive.  Obviously this would mean considerable excess work, so please use your discretion in completing these types of sales questionnaires.

Can a student request emails between members of staff discussing them and their work?

Yes, though this is likely to be available to them under their Data Protection Subject Access rights.  Staff must now take this into consideration when writing emails and other notes.  Any piece of recorded information from emails to post-its will potentially be accessible under the Freedom of Information legislation or Data Protection Act subject access rights.

What if the request comes in another language or format?

We have set up facilities for the translation of most languages and of Braille.  If you receive what you think is a FOI request in another format contact your records management coordinator.

What if I want to refuse to give out the information requested?

If you think you need to refuse a request, please contact Governance and Management Services who will consider the refusal and respond on the University's behalf.