Staff Guidance

Here are a few of the basic things that you need to know:

1. Difference between Data Protection and Freedom of Information: In very basic terms, Data Protection allows you to have access to the personal information about you that is held by the College. A person can only request to see their information and not the personal information that we hold on other people. Freedom of Information allows people to request access to all other information that the College holds.

2. The College will receive a number of requests for information via email. Under the terms of the Acts an email is a valid "written" request for information.

3. Anything in writing asking for access to or copies of recorded information is an FOI request. This means that all requests that are sent to you whether they are things that you deal with on a daily basis or not should be considered an FOI request and treated as such. These requests can be sent to any member of staff and they do not have to mention Freedom of Information. You are personally responsible for dealing with request that are sent to you and making sure that they are dealt with promptly.

4. An email message, or indeed any other requests for information received, where the 'name' is a pseudonym (for example mickeymouse@yahoo.co.uk) must be treated as a legitimate request for information. We cannot refuse to answer the request for information just because the person is not using their given name. Also it is against the FOI Act to ask the requestor why they want the information.

5. If you are off sick then you cannot deal with a request and you are not in a position to have 'received' it. If you have been away ill and during that time a request has arrived in your inbox, it is only from the time that you read it (i.e. the day you come back to work) that is considered to have been recieved. From that point it is then an active request. Unlike when you are ill, if you go on leave, you must set up an 'Out of Office reply' on your email giving alternative contact details of where requests may be sent to. You have then fulfilled your responsibilities under FOI to provide assistance to the enquirer.

6. Requests for information, once opened and interpreted, must be dealt with PROMPTLY. This means providing an answer within 20 working days for an FOI request and 40 calendar days for a Data Protection Request. Note down the date that the request was received and the date it should be completed by for every request that comes in. If you cannot answer the request yourself, find out who can and forward it to them. Make sure you tell them what day it arrived with you so that they know how much time they have to answer it. DO NOT sit on it! For every day that you don't pass it on to the right person, that person has one less day to get the answer for the requestor. Please be aware - if a request is not fulfilled within the alloted time the requestor is within their rights to make a complaint to the College Secretary and also to the Information Commissioner.

(If your department receives a high number of DPA and FOI requests and you feel that you need some help in developing a system for tracking requests, please contact the Records Management Team.)

7. If you are not in a position to deal with a request for information, or require help in replying, assistance should be sought PROMPTLY either from your department or the Records Management Team

8. If a request for information is likely to take longer than 20 working days, for whatever reason, the applicant must be kept informed of the progress of the request and you must inform the Records Management Team PROMPTLY that there is likely to be a delay.

9. If in doubt ask! Training is available and we are always on the other end of the phone or email if you have a query (foi@rhul.ac.uk). To book a place on one of our training sessions, contact Sally Francis in Bedford Library.

Please note: If you are unsure about any of the things discussed above please seek advice immediately. All members of staff must be fully aware of their responsibilities under these acts. There can be serious legal consequences for not dealing with FOI or DPA requests in the proper manner. For more information (including FOI and DPA Good Practice and Your Legal Obligations) please visit: www.ico.gov.uk

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