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.

Each of the Workshops is run by a expert and considers 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.

The Speakers' Presentations Day and the Workshops may be booked together or in any combination.  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 Workshops. 

The topics for the Workshops are:

A:  Good FOI Foundations: Getting Started in FOI
Liz Fitzsimons - Senior Associate, Eversheds

B:  Commercial Confidentiality, Procurement and FOI Working Together
Hazel Grant - Partner, Bristows and James Brunger - Associate, Bristows

C:  How to Handle FOI Requests Efficiently
Jackie Gray - Director, Dickinson Dees

D:  The Boundary Between FOI and Data Protection: Advanced Issues and Problems
Damien Welfare - Barrister, 2-3 Gray’s Inn Square

E:  Enforcing FOIA and EIR, the View from the ICO
Joanne Stone - Enforcement Team Manager, The Information Commissioner’s Office (ICO)

F:  Managing FOI Throughout the Organisation
Claire Cowling and Matt Towey, Transport for London (TfL)

Lunch will be provided at the venue starting at 12.45pm.

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

The Conference and the Workshop sessions were enlightening and practical, giving one a solid grounding to both assess and address the risks in one's own organisation

John Burns, Executive, Association for Payment Clearing Services
 

Morning Sessions   ( 9.30pm – 12.45pm )

A:  Good FOI Foundations: Getting Started in FOI

Workshop led by Liz Fitzsimons - Senior Associate, Eversheds

Despite budget cuts, the Information Commissioner has made it clear that he expects all government bodies to comply with the transparency mandate set by the new government.  Information professionals must have a solid grounding in Freedom of Information legislation.  In this introductory / refresher level session, Liz Fitzsimons covers the fundamentals of good FOI practice, including:

• an overview of the Freedom of Information Act, its structure and core provisions
• the relationship with the Data Protection Act 1998 and the Environmental Information Regulations 2004
• how to handle requests, including who holds information,
• timescales for responding and applying the appropriate limit
• an overview of the key exemptions and the public interest test
• common issues and practical tips

Workshop Leader - Biography: Liz Fitzsimons is a Senior Associate at Eversheds specialising in data protection and freedom of information. She works for a wide range of clients, both public and private sector, including in the education, health, transport, energy and government arenas. Liz has experience in helping clients with complex and sensitive information requests, internal appeals, defending complaints to the ICO and working with the Information Tribunal.
She has advised on publication schemes, FOI planning and strategy, contractual provisions and negotiations, confidentiality arrangements and related data rooms, policies and procedures.  Liz also advises on EIR issues.

B:  Commercial Confidentiality, Procurement and FOI Working Together

Workshop led by Hazel Grant - Partner and James Brunger - Associate, Bristows

FOI has had an inevitable impact on the public and private sectors’ approach to confidentiality of procurement information and contracts.  There have been a number of important decisions which provide guidance on what can be considered confidential or commercially sensitive and what should be disclosed.  This Workshop looks at:

• managing expectations of confidentiality and commercial sensitivity
• drafting procurement documents and contractual clauses
• handling requests for procurement and other contractual
• information
• exploring the inherent conflict between procurement and outsourcing
• reacting to proactive publication obligations
• appraising the Government’s transparency agenda

C:  How to Handle FOI Requests Efficiently

Workshop led by Jackie Gray - Director, Dickinson Dees

In light of the Information Commissioner’s tougher approach to the enforcement of FOI, the rising number of FOI requests and the significant cuts in budgets for most public authorities, it is more important than ever to ensure that FOI and EIR requests can be handled efficiently and effectively.  This Workshop looks at:

• the legal requirements for handling requests under FOI and the EIRs
• how and when you can charge
• what to do if you become the subject of ICO monitoring or enforcement
• Top Ten Tips to improve the FOI request lifecycle

Jackie will provide delegates with practical advice and guidance.  With the use of real life case scenarios, delegates will have an opportunity to exchange ideas and share good practice.

Jackie is a Member of the Editorial Board of Freedom of Information and is Head of the Examination Board for the Practitioner Certificate in Freedom of Information.

Afternoon Sessions   ( 2.00pm – 5.15pm )

D:  The Boundary Between FOI and Data Protection:  Advanced Issues and Problems

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

This advanced level Workshop concerns the rules to apply to personal data contained in information requested under FOIA or the EIRs.  This session examines the more complex issues that arise, including:

• identifying personal data: the Durant view versus the ICO’s view;
• anonymised statistics (the Common Services Agency case)
• requests involving sensitive personal data
• duty to confirm or deny: ensuring compliance
• third party data: when to apply s 7(4), DPA, rather than s 40, FOIA
• meaning of disclosure “otherwise than under this Act” (s 40(3)(a), FOIA)
• applying the s 10 exemption: s 40(3)(ii)
• applying the second condition: s 40(4)
• frequently asked questions: salaries; staff discipline and compromise agreements; social services cases; mixed FOI / EIR requests

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 and is a Member of the Examination Board for the Practitioner Certificate in Data Protection.

E:  Enforcing FOI and the EIRs:  View from the ICO

Workshop led by Joanne Stone - Enforcement Team Manager,
The Information Commissioner’s Office

The ICO is changing its regulatory approach to enforcing the right of access to information and is stepping up enforcement actions against organisations that are not compliant with the law.  In this Workshop, Joanne Stone, at the ICO, discusses:

• the Commissioner’s revised FOI / EIR regulatory action policy current enforcement activity
• hotspots for non-compliance and how to avoid them
• what to expect from the Information Commissioner’s Office if your authority is contacted because of repeated or serious non-compliance

Delegates will also have a chance to work through case studies based on ICO actions and exchange ideas based on their own experiences of dealing with FOI requests.

Workshop Leader - Biography: Joanne Stone, Enforcement Team Manager at the Information Commissioner’s Office, has six years experience of working within information rights.  Providing technical expertise on the Freedom of Information Act, the Data Protection Act and the Environmental Information Regulations, Joanne combines her knowledge of access rights with three years local authority experience.
Joanne believes that effective enforcement is key to the success of the legislation, and has led a number of initiatives to improve awareness of the Commissioner’s enforcement powers.

F:  Managing FOI Throughout the Organisation

Workshop led by Clare Cowling and Matt Towey - Transport for London

It is now clear that good records management practices are essential to being able to respond effectively to FOI requests.  This Workshop considers real examples of both good and bad practice in responding to FOI requests, as well as common records management challenges and how to implement appropriate solutions.  This session additionally covers:

• better records management for managing and locating records
• dealing with the lack of accountability and how to create responsibility
• dealing with secretiveness by people in the organisation
• ways to improve performance in responding to FOI requests
• how to raise awareness of FOI best practice for all staff corporate information management rules and guidance for everyone to follow

Workshop Leaders - Biographies: Clare Cowling began her career as an archivist in the Archives Office of Tasmania, then moved on to the National Archives of Australia.  After moving to the UK, she became the Records Manager for the University of London, King’s College London, as well as the Law Society.  She was appointed Records Manager for the Solicitors Regulation Authority in 2007. In 2009 Clare took up the post of Senior Compliance Adviser (Information and Records Management) within the Information Governance directorate at Transport for London, working with the Information Access and Compliance Team.

Matt Towey began his working life by selling gas and electricity door to door.  Realising he was a useless salesman he took up a post at the Information Commissioner’s Office assessing complaints under the Data Protection Act. In 2007 Matt moved to London to take up the post of Compliance Adviser within Corporate Governance at Transport for London, where, amongst other things, he is responsible for information governance training.