Agenda item

To consider a report by the Deputy Monitoring Officer (copy enclosed) presenting the draft reviewed Freedom of Information and Data Protection Policies.

11.40 a.m.

The Deputy Monitoring Officer (DMO) submitted a report (previously circulated) presenting the draft reviewed Freedom of Information and Data Protection Policies.  Both policies had been revised in order to provide a procedural guide on the Council’s handling of requests for information and the processing of personal data.  Feedback from officers on the draft policies had been positive and the policies would also be presented to the Senior Leadership Team prior to Full Council for approval.  Members were advised of the establishment of a new Corporate Information Management Team led by the Head of Business Planning and Performance (H:BPP).

The DMO guided members through the draft policy documents and particularly elaborated upon the following elements –

·         Data Protection Policy and Procedures – designed to safeguard personal privacy covering –

o   Individuals Right of Access

o   Information Sharing

o   Emergency Planning

o   Outsourcing Issues

o   Introduction of New Systems

o   Data Security Breaches

·         Freedom of Information (FOI) Policy and Procedures – designed to secure open access to information.  Reference was also made to the recently formalised Access to Information Exemptions Panel which had been reflected in the policies.

Following the detailed address the committee highlighted the importance of a robust policy to manage information with clear procedures in place.  Members took the opportunity to raise questions and discuss with officers the role and responsibilities of the new Corporate Information Management Team together with the workload of the Information Management Officers and the difficulties in collating and retrieving information and in dealing directly with requests and enquiries.  The risks in disclosing prohibited information was also highlighted, particularly in light of the substantial fines which could now be imposed for data breaches.  The H:BPP advised that email safeguards would also be considered to mitigate that risk.  The number of FOI requests received by the Council was noted together with associated charges and it was noted that this was a growth area which needed to be managed.  Reference was also made to how frivolous and vexatious requests were dealt with and the role of the Access to Information Exemptions Panel in that regard.

In terms of storing information, Lay Member Paul Whitham queried whether the council had a retention schedule to take into account legislation and balancing the need of retaining information against its usefulness.  The DMO confirmed that time scales were stipulated in legislation to retain information relating to specific matters such as social services but storage of information was a business decision for most departments.  The H:BPP highlighted the need to store information in a coherent manner and to properly categorise emails to ensure information could be easily located and retrieved and work was ongoing to facilitate that process.  He added that the work of the Corporate Information Management Team would be reported back to this committee in order to oversee developments.  Lay Member Paul Whitham highlighted the use of a privacy notice as good practice to legitimise the processing of personal data which he felt should be brought to the attention of managers in order to reinforce its use in practice.

Finally the committee highlighted the importance of member training and the Head of Legal and Democratic Services referred to the development of the members’ training plan in which those policies would likely feature along with previous reference in the code of conduct training.

RESOLVED that  –

(a)       the contents of both policies be noted and subject to members’ comments above be endorsed for further consultation, and

(b)       a report on the work of the Corporate Information Management Team be reported to a future meeting of the committee in order to oversee developments.