On the second day of the 4th Annual Freedom of Information Conference, Wednesday 23rd April, delegates will have the opportunity to attend two of the four half-day Workshops on important aspects of FOI practice.

The aim of each FOI Workshop is to provide delegates with an opportunity to work through practical scenarios with respect to a particular area of FOI compliance.

The four half-day Workshops are designed to allow in-depth analysis and discussion in important areas of FOI.  Each of the Workshops is run by a expert and will consider a practical and realistic case study.  There will be considerable opportunity to put questions to the Workshop leader during the session and and to discuss issues with other delegates.

These FOI Workshops can be booked separately or in conjunction with the Conference.  Attendance at the Workshops by Conference delegates is optional but it is anticipated that most Conference delegates will wish to attend one or more of the FOI Workshops.

Each FOI Workshop is accredited by the Law Society with 3 CPD Points.

A:  Public sector data sharing: when, why, whether, and how to share data

Damien Welfare - Barrister, 2-3 Gray’s Inn Square

The Government is keen to promote data sharing, and the Information Commissioner has issued a Framework Code of Practice, designed to help you produce your own code of practice.  This Workshop will examine the issues and the practicalities of lawful data sharing:

• The benefits of data sharing, and how much should you share the personal data you hold
• The challenges in terms of maintaining public trust and respecting personal privacy
• The powers that exist to share data, and the conditions under which data may be shared, as well as the restrictions on disclosure
• How to write your own code of practice, and what it should contain
• Other steps needed before you share data

Workshop Leader - Biography:  Damien Welfare came to the Bar in 2001 after a career in Local Government.  He specialises in freedom of information, data protection and the Environmental Information Regulations.  He appears in the Information Tribunal, advises on all aspects of information law, and speaks and writes regularly on information law matters. He is a member of the Editorial Board of Freedom of Information journal.

B:  Commercial contracts: how FOI Officers can win friends and influence contracts

Hazel Moffat - Partner, DLA Piper
Usha Jagessar - Legal Director, DLA Piper

As an FOI adviser in your organisation, are you still battling to persuade others of the benefits of FOI?  Are you concerned that the FOI perspective is not always properly considered when carrying out commercial negotiations or entering major contracts or procurement exercises?  This session addresses the FOI Officer / adviser’s contribution in terms of raising awareness, and during contract negotiations, and considers:

• The most recent case law on the impact of FOI on both contract information and information arising in the procurement / negotiation process
• Current approaches to dealing with FOI issues in commercial contracts and negotiations including a review of common FOI clauses - the good and the bad
• Tried and tested techniques to persuade commercial colleagues of the importance of FOI in such a process
• Practical ways to successfully support contract negotiations to ensure that the commercial objectives of the organisation are still met whilst adhering to FOI principles

C:  Health check: FOI issues in the NHS

Anne Crofts - Commercial Partner, Beachcroft LLP
Ros Ashcroft - Consultant, Public Law Team, Beachcroft LLP

What are the main challenges remaining for the NHS with respect to FOIA compliance?  Drawing on key decisions by the Information Commissioner and the Information Tribunal, handling of individual requests by various public authorities, and the speaker’s own experience advising NHS trusts, this Workshop addresses:

• Specific FOI issues affecting the NHS due to the type and extent of information held by NHS bodies, and the scope of frequently used exemptions
• How NHS bodies and other public authorities do and should handle FOI requests, identifying key practical steps that can help reduce the burden on the organisation while maintaining compliance with the Act
• The duty in Section 16 FOIA to advise and assist applicants: What exactly are authorities required to do?  How does Section 16 relate to reliance on exemptions?
• The interface between data protection and FOIA, including how NHS trusts should identify personal data and use the provisions of Section 40 FOIA ( exemption for personal data )

Afternoon Workshops  ( 2.00 pm - 5.15 pm )
 

D:  Can you keep a secret? Confidentiality and FOI

Hazel Grant - Partner, Bird & Bird

The law of confidence has existed for hundreds of years and is still evolving now. Section 41 FOIA attempts to explain how confidentiality and FOI requests interrelate.  This exemption is one of the most significant for commercial organisations dealing with government in procurements or investigations.  It can also be significant for private individuals passing sensitive information ( e.g. complaints ) to government.  This session covers:

• The law of confidence and the requirements to claim confidentiality at common law
• Section 41 FOIA and the requirements to claim the confidentiality exemption under FOIA
• The differences between the law of confidence and Section 41
• How different practices can affect the availability of the Section 41 exemption

E:  How to deal with complex requests for information

Jackie Gray - Associate, Dickinson Dees LLP

Members of the public have become more aware of their rights to access and to use information under the Freedom of Information Act, the Data Protection Act, the Environmental Information Regulations, and the Re-use of Public Sector Information Regulations.  But in this complex system, where is the line drawn between one type of request and another?  Which legislative regimes apply?  This session addresses:

• Handling some of the more complicated types of requests under the different Acts and Regulations
• Tips for categorising requests and identifying the key differences between the various regimes
• Identifying and handling vexatious requests, requests for procurement and contractual information, requests for third party personal information, and mixed FOI, DPA, EIR and Re-Use requests

F:  Information law issues in higher education

Richard Sykes - Barrister, Mills & Reeve

Higher education institutions handle vast amounts of information, much of it highly sensitive, in connection with both their research and teaching activities.  Students are increasingly demanding ( and litigious ), and the misuse or wrongful disclosure of student information could be seriously damaging to an institution’s reputation.

Research information is a significant commercial asset, and in some instances ( e.g. medical research ) may raise important concerns about confidentiality and privacy. Disclosure of information about staff involved in controversial areas can seriously compromise the welfare or even the personal safety of individual staff members. Using an interactive format based around case-studies, this session will consider:

• Student health and welfare information
• Applications for disclosure of information relating to examinations and assessment
• Handling personal data in a research context
• Dealing with information that is of interest to various extremist groups
• Applications for disclosure of research information under the Freedom of Information Act