SCOTTISH EXECUTIVE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002:OPEN LEARNING WORKBOOK
INTRODUCTION TO THE WORKBOOK
COVERAGE
The Freedom of Information (Scotland) Act 2002 Open Learning Workbook (the "Workbook") has been developed for use by those working in the public sector in Scotland. The Workbook covers the background to the Freedom of Information (Scotland) Act 2002 (the "Act" or "FOISA"), the way that it works and the relationship with other areas of law.
The Workbook is intended to help you, the user, achieve a clear understanding of the FOISA, in a timescale and manner that suits you.
The FOISA is a major new piece of legislation which will affect everything and everyone in the public sector in Scotland. Sometimes getting "up to speed" with new legislation, however important, can involve a commitment of time and resource which can be ill-spared. The aim of the Workbook is to present all the material you will need to learn about the FOISA in an accessible way.
Although primarily designed as a Workbook for individual study, the material can also be adapted for use in other ways, for example the case studies could be used to stimulate classroom discussion.
STRUCTURE OF THE MATERIAL
Order of Modules
The modules are set out in the following order:
Module 1
Freedom of Information in Context - Why has freedom of information been introduced?
Module 2
Introduction to FOI Scotland - What is freedom of information and what does it do?
Module 3
Scottish Public Authorities - Who does freedom of information apply to?
Module 4
Publication Schemes - Making information available
Module 5
Records Management - Part 1
Module 6
Records Management - Part 2
Module 7
Rights of Access - How is a request made?
Module 8
Dealing with and responding to requests for information; and fees - how should an authority handle a request? Part 1
Module 9
Dealing with and responding to requests for information; and fees - how should an authority handle a request? Part 2
Module 10
Midway Review
Module 11
Access to environmental information
Module 12
Exemptions from the right of access - Can information always be accessed? Part 1
Module 13
Exemptions from the right of access - Can information always be accessed? Part 2
Module 14
Exemptions from the right of access - Can information always be accessed? Part 3
Module 15
Data Protection - Refresher module on the effect of the Data Protection Act 1998
Module 16
Interface with data protection - How does freedom of information fit with data protection? Applications for information by data subjects
Module 17
Interface with data protection - How does freedom of information fit with data protection? Application for information by those other than the subject of the data
Module 18
Human Rights
Module 19
Reviews, decisions and enforcement
Module 20
Final Review
Each module deals with a particular aspect of the Act or a related topic. The modules have been arranged in a logical order; however, you could vary the order if you prefer as the modules are designed to be flexible.
Structure of the modules
1. Content and learning objectives
Each module starts with a statement of the content and learning objectives for that module in order to introduce you to the subject matter of the module. A suggested time allocation is also included. Bear in mind that this is only a guide and some people will take longer than others to complete the same task. You may choose to spend longer if you decide to look up material from other sources.
2. Learning materials
In each module the essential information is presented in the learning materials.
3. The strategic view
Each module contains brief suggestions on how an authority may wish to look at the Act strategically and what activities it should be undertaking in each area.
4. Summary
A summary is included after the learning materials for each module; you can use this to recap on what you have covered in each module.
5. Keywords
As far as possible the Workbook uses clear, non-technical and non-legal language. However it is inevitable that you will have to come to terms with and understand some legal and technical terms. These have generally been designated as Key Words. Efforts have been made to introduce the Key Words gradually rather than asking you to start the course by adjusting to a new vocabulary. Key words are highlighted in the module in which they first appear. A separate glossary of Key Words has been included at the end which refers to the module in which the term is first used, although other modules may deal with the term in more detail. Where possible, each key word gives a reference to where the definition or explanation comes from. If there is no reference then the explanation is a general description of what the term means.
6. References and Resources
Each module gives you a list of the relevant section numbers from the Act so that you can refer directly to the legislation if you wish.
Links to further material on websites are also provided.
7. Self assessment checklists
Each module provides questions for you to check your understanding against. You should review these at the end of each module and check your answers against the answers provided in Appendix 3.
8. What they said
Each module gives a selection of quotes to illustrate the views of others about the Act.
9. Case studies
There is a case study in each module. You should work through each case study once you have read the learning materials for each module. Some case studies may take longer than others; work through the case study until you are comfortable that you have completed it to the best of your ability. You may need to refer back to the learning materials as you work on the case study and you may wish to refer to other materials or websites to help you. Some case studies do not have right or wrong answers, they are designed to help you think about the legislation and how it affects your organisation rather than to test you on what you have read. Efforts have been made to vary the nature of the work material; for example you may be asked to write a report, a briefing paper, a letter, or suggest a solution to a problem. Please note that in many cases the case studies are fictional. Those that are based on real scenarios or sources are attributed.
Hints and tips for studying
As the Workbook is intended for individual study some hints and tips for those who have not been involved in routine study for some time are included in Appendix 1.
Task
1. Spend 15 minutes familiarising yourself with the layout of the Workbook including the learning materials, self assessment questions and case studies. Think about the order in which you will tackle the modules, how long you will spend on each one and how you will tackle the task or case study.
2. If you have not studied for some time, read the study skills section in Appendix 1 and draft a study plan based on some of the suggestions.