The University of East Anglia recently (21 Dec 2010) agreed an undertaking with the Information Commissioner’s Office (ICO) regarding the well publicised ‘climate change’ issue at the university and shortfalls in compliance with the Freedom of Information Act 2000 (FOI). This is the first time that an undertaking has been used in an FOI case – it is more often seen with regard to data protection compliance. However it is clear that the ICO is increasingly likely to use the ‘voluntary’ last chance undertaking option rather than immediately heading straight for the formality (and criminal offence if not complied with) of an Enforcement Notice.
Amongst other things, the university has undertaken to ENSURE that ‘All staff, where appropriate, receive adequate and proportionate training on the requirements of the legislation so they are able to understand its purpose and intent, and that advanced training be mandatory for staff whom have direct responsibility for the handling of information requests’
This decision leaves uncertainty for UK colleges and universities with regards to training:
· Are there any legal responsibilities with regard to training under FOI?
· Is this undertaking sending out a wider message that a higher level of training than perhaps is currently the norm is required for all staff who may receive a request for information or who handle personal data?
· What is the expected standard of training– is an awareness raising leaflet on FOI in the staff induction pack adequate for the majority of staff or is more in depth training needed to ensure staff understanding of their responsibilities?
· What is advanced training– are all DP and FOI staff with direct responsibility for FOI expected to be accredited e.g. an IESB qualification?
The Freedom of Information Act 2000 does not specifically mention training as a legal requirement. However public authorities do have legal obligations under FOI, which their staff need to be aware of and this awareness raising is most likely to be done through some form of training.
The ICO also has the option under s48 (1) of the FOIA of issuing a Practice Recommendation to an institution which will state the steps which the ICO considers are needed to promote conformance with the codes of practice under s45 (good practice when dealing with requests for information under the Act) and s46 (on records management). The s45 Code at para 15 states ‘Staff dealing with correspondence should also take account of any relevant guidance on good practice issued by the Commissioner. Authorities should ensure that proper training is provided in this regard…’
The terms of the undertaking will raise concerns for those institutions that currently provide staff with no training in FOI. It is difficult to gauge what is an acceptable level unless we know the level of training required to meet the undertaking. However the terms of the undertaking provide a positive impetus to colleges and universities to review their current practice regarding training to ascertain if it would still meet the ‘adequate and proportionate’ requirement in the undertaking. If there is no training at all then this is perhaps doubtful. The positive outcome for all staff and institutions will be a continued or even enhanced awareness of the responsibilities of all staff with regard to FOI
The Undertaking is available on the ICO website at
http://www.ico.gov.uk/what_we_cover/promoting_openness/taking_action.aspx#Undertakings