Transcript Challenges of freedom of information for researchers Susan Graham

Challenges of freedom of information
for researchers
Susan Graham
University Records Manager
University of Edinburgh
• A person who requests information from a
Scottish public authority which holds it is
entitled to be given it
S1, Freedom of Information (Scotland) Act
2002
Openness and research data
• Freedom of information
• Funder pressure
• Publisher pressure
• Public pressure
Exemptions
• Research in progress
• Commercial interests
• Actionable breach of confidence
• Personal data
• Health and safety
• Cost of compliance
• But:
Exemptions narrowly drawn and subject to
numerous tests
Research in progress (s 27(2))
• Information obtained in the course of or derived from a
• programme of research is exempt information if
• the programme is continuing
• with a view to a report of the research (whether or not
including a statement of that information) being published
AND
• disclosure of the information before the date of publication
• would, or would be likely to, prejudice SUBSTANTIALLY:
• the programme, the interests of any individual participating
in the programme, the interests of the authority
• THEN apply the public interest test
Subject matter of University of
Edinburgh FOI requests in 2010
Estates/Buildings
Other research
Court/Senate
Animal research
Finance
Admissions
Management/Admini
stration
Teaching/Assessme
nt
HR
120 • Requests focus on admin
100 • Increasing interest in research
80
60
40
20
0
University of Edinburgh: climate
change
• I write regarding an article in Journal of Climate
and another in Nature.
• Are the data, when and where it was collected, the
basis of selection, methodology and algorithm
publicly available?
University of Edinburgh: climate
change
• Article 1
– Review article: referred to references
• Article 2
–
–
–
–
Base data: provided web address
Simulations: mounted on website
Algorithm: available in Nature
Additional commentary provided
University of Edinburgh: public
engagement on stem cell research
• I would be grateful if you could provide me with:
– a list of names of all attendees at this public debate
– an indication of how the event was recorded at the time
– any other documentation that the University of Edinburgh
might have at its disposal regarding this event, such as
additional notes or transcripts and any recorded feedback
from attendees
– any additional information relating to the concerns raised at
this event that the University of Edinburgh brought to the
HFEA’s attention at the time.
University of Edinburgh: public
engagement on stem cell research
• a list of names of all attendees at this public debate
– Withheld: personal data
•
an indication of how the event was recorded at the time
– Provided in full
•
any other documentation, such as additional notes or
transcripts and any recorded feedback from attendees
– Feedback no longer held, rest provided in full
• any additional information relating to the concerns raised
at this event brought to the HFEA’s attention
– Provided in full
University of Edinburgh: Medical
Research
• I would like copies of the two annual
reports submitted to Medical Research
about the research grant for the above
study.
University of Edinburgh: Medical
Research
• I would like copies of the two annual
reports submitted to Medical Research
about the research grant for the above
study.
– Withheld: research in progress
Impact on commercial relationships
• Universities are competing in a worldwide market
• Upfront clarity
– Contract clauses
– Clearly identify confidential material
• Consultation
Freedom of information & research:
5 key points
• In Scotland, we can protect genuinely sensitive information
– Build safeguards into contractual arrangements
• Act quickly
– 20 working days to respond to a request
• Follow your institution’s procedures
– Why is giving this out harmful?
– Seek advice, especially if refusing a request
• Create clear and professional information
– Dispose of unnecessary information
• Ensure your information is accessible in your absence
Any questions?
Susan Graham
University Records Manager
University of Edinburgh
[email protected]