Freedom of Information

[Stringent]

I just had an email from someone, doing a survey into ICT in schools and is requesting specific information under the Freedom of Information Act. However the questions he is asking seems to be sales orientated and market research. I do work in a school if you didn't know.

Hi,

I am conducting a survey into what ICT schools are using. Under the Freedom of Information act, please, can you provide answers to the following questions? Many thanks! (If you’ve already published this information online somewhere please just put the URL if it will save you time.)

1. How many ICT users are there within your school?
2. Do you have dedicated (operational) ICT staff/department?(ie excluding any teaching departments)
3. How many of the following items does the school have?
a. desktops
b. laptops
c. laptop trolleys
d. printers
e. whiteboards
f. projectors
g. servers
4. Do you run a wireless network?
5. How much storage space do you use for your ICT data?
6. What email platform are you currently using?
7. What operating system do you use?
8. Do you use any open source software?
9. Are you planning to migrate to Windows7?
10. Do you use any bespoke curriculum applications?
11. How often do you refresh your ICT hardware?
12. What is your budget for ICT?
13. How many ICT partners do you have?
14. Do you have a written ICT strategy? Please provide a copy, if available.

Yours,

I was wondering are we actually obliged to answer this? I started looking at the FoI act and got a headache by reading the first few lines.

[mycarsavw]

Delete it and answer only if they ask again.

I presume you didn't provide a read-receipt?

[Rob_B]

It does look a bit like they just want this info to then flog you something. Does the board not have guideline for any such requests (I assume not or why would you post?) I'd imagine it should come in at a higher level than yourself, you just give the info if 'those above' ask you to ?
Don't forget you can charge a fee for this & bin it if they don't pay within 3 months.

Have you googled their name/email address?

[XA04]

Who is it who is actually asking?

I probably wouldn't care what act he was using to try and get information out of you for.. I'd be more concerned about who it is and why they want it.

[Rob_B]

Is this you? http://www.edugeek.net/forums/physic...t-request.html

[Stringent]

DavidM kindly sent me a link to another site where this was discussed. The guy is just sending from a GMail address. Seems to have sent it to a number of schools. It stinks of a sales call thing, but also in the FOI act they are not allowed to use it for marketing purposes or data collection, only personal use and information. So thats a disclaimer which could be added.

@Rob_B no, Thats where DavidM pointed me too.

[jim]

Next week it'll be

Hi, could you please give me the names and addresses of all pupils at the school, under the Freedom of Information Act.

Thanks

[Stringent]

Next week it'll be

Thats personal questions. They could ask for the % of pupils getting Free School meals, just not the names. They could ask for the total salary for IT Support, just not individuals, or names.

Still silly. If this takes off then I hate to think what will transpire.

[jim]

Oh I know, it's just the tone of the email that makes me laugh.

"I'd like some info, and now I'm going to quote an act in an attempt to make you part with it against your will."

[Stringent]

Ahh sorry, in serious mode atm.

If the email had come to me I might have fiddled a bit, but it didn't originally.

[jim]

in serious mode

Eh? Sorry, means nothing to me

[Stringent]

Eh? Sorry, means nothing to me

No I was in serious mode and missed your jest.

[Whiternoise]

(TL;DR answer - yes, you do have to reply)

There are loads of little guides on the ICO website, in particular:

Freedom of information – making public information available

If the educational establishment you work in is a public authority, the Freedom of Information Act means you must produce a Publication Scheme, which outlines the information you will routinely make available to the public - such as minutes of meetings, annual reports or financial information. To help you, we have provided a model publication scheme for all public authorities to follow.

The Freedom of Information Act also means you must disclose official information when people ask for it (unless there is a good legal reason for you not to), and you must reply within 20 working days. Find out about your Freedom of Information obligations here.

In particular, if you are a state school, you are bound by the act - independent schools are not.

IANAL

Who is it who is actually asking?

I probably wouldn't care what act he was using to try and get information out of you for.. I'd be more concerned about who it is and why they want it.

Somewhat annoyingly, but in general a good principle for a law of this kind, is that the FOI act is blind to motive or person. You do not have the right to ask what they want the information for or who they are (besides asking for a correspondence address). As a result we've found out lots of juicy gossip from the government and the NHS (http://www.thetruthseeker.co.uk/article.asp?ID=7733).
Essentially that's what the FOI act was produced for - to keep a degree of transparency surrounding public authorities and so that people could get information that is in the public interest without it being hidden from them. There are numerous exceptions - the vast majority of which are regarding things like national security and personal information.

There are a number of guidelines for refusing vexatious requests and so on. The law is hazy when it comes to "information of value", so you might not be able to refuse the request on the grounds that they're survey-mongering, but you might have a case that what they're asking for doesn't have serious purpose or value.

There's a guideline note about circular requests here: http://www.ico.gov.uk/upload/documen..._robins_v1.pdf


The rules for requesting data are reasonably specific, including:

You can ask for any information you think a public authority may hold. The right only covers recorded information.
• Your request can be in the form of a question, but the authority does not have to answer your question if this would mean creating new information or giving an opinion or judgement that is not already recorded.
• You should clearly identify the information you want.
• Some information may not be given to you because it is exempt, for
example because it would unfairly reveal personal details about somebody else.

For your request to be dealt with according to the FOIA, you must:
• contact the relevant authority directly;
• make the request in writing, for example in a letter or an email;
• give your real name; and
• give an address to which the authority can reply. This can be a postal or email address.

You do not have to:
• mention the FOIA, although it may help to do so;
• know whether the information is covered by the FOIA or the EIR;
• or say why you want the information.

The authority must reply to you within 20 working days. It may:
• give you the information you’ve asked for;
• tell you it doesn’t have the information;
• tell you that another authority holds the information;
• say that it has the information and offer to provide it on payment of a fee (the fee it charges must be in accordance with the regulations, outlined in our guidance on Using the fees regulations);
• refuse to give you the information, and explain why; or,
• say that it needs more time to consider the public interest, and tell you
when to expect a response. This should not be later than 40 working days after the date of your request. It can only extend the time limit in certain circumstances, and it must explain why it thinks the information may be exempt.

I would suggest contacting ICO directly and asking what they think you should do. As far as the request is concerned, he provided an email address and presumably his real name, he submitted the request in writing and contacted you directly (assuming you count as the relevant authority) - that constitutes an FOI request and you're legally obliged to respond.

You are certainly required to give him information about budgets and things that would come up in AGMs/minutes of meetings.

http://www.teachernet.gov.uk/managem...ionforschools/ might be worth a look.



Here is an example of an FOI request for Bedfordshire Police, pretty similar standard of questioning - and they replied to all of it, as they should have.

http://www.bedfordshire.police.uk/ac...2009-00823.pdf

[Lucio]

Personally I'd provide the information, but charge the appropriate administration fee. Chances are it's a company fishing for information to help with sending marketing spam, and they won't pay out for the info.

[Phage]

Hmmm in Aus, the Education Dept has a spoecial section for all FOI requests. This ensures compliance with the law whilst freeing up educational staff to do their jobs. It also ensures that inappropriate data is not released.
Doesn the UK not have something similar ?

[oolon]

It seems you can charge up to £450 for the request so request and up front fee and also state you believe the multi-part request has not been formally layed out in writing as per the freedom of information act, and the items in it represent multiple requests. So you are willing to go ahead with the request when a properly written on is provided and you believe this is 21 requests and you will change £200 per request. I expect that will be enough to scare him away.