FOI / EIR

This policy has been established to ensure that the University of Derby complies with FOI and EIR Information 'held' by the University.  This includes all information created or received, regardless of format, as well as information held by third parties on the University's behalf.

The University of Derby, as a Public Authority, is committed to the principles underlying the Freedom of Information Act 2002 (“FOIA”) and the Environmental Information Regulations 2004 (“EIR”). This legislation provides a general ‘right of access’ to much of the information held by the University, in order to ensure openness, transparency and accountability. The University of Derby fully recognises this ‘right to access’ and will not restrict access to information unless a statutory exemption applies.  

The University therefore commits to  

• Make publicly available all routinely published information via the University’s Publication Scheme https://www.derby.ac.uk/its/datagov/foi/foipub/ 
• Ensure all requests for information are dealt with in an efficient, timely and helpful manner, in accordance with the section 60 Code of Practice on the Discharge of Functions which accompanies FOIA and the section 62 Code of Practice on the Discharge of Functions which accompanies EIR 
• Apply due consideration as to whether information should be disclosed in those instances where a statutory exemption or exception applies.  

The Freedom of Information Act 2000 provides public access to information held by public authorities. It does this in two ways: public authorities are obliged to publish certain information about their activities; and. members of the public are entitled to request information from public authorities.

The Environmental Information Regulations grant a right for any person to request access to environmental information held by public authorities and for public authorities to take steps to proactively make environmental information available to the public.

The University of Derby has a responsibility to implement the provisions of FOIA and EIR. The University must therefore maintain a general ‘right of access’ to the information it holds, proactively publish information via its Publication Scheme, and maintain its records in accordance with the regulatory environment as set down in the section 61 Code of Practice: Records Management that accompanies FOIA.  

The University of Derby has a responsibility to implement the provisions of FOIA and EIR. The University must therefore maintain a general ‘right of access’ to the information it holds, proactively publish information via its Publication Scheme, and maintain its records in accordance with the regulatory environment as set down in the section 61 Code of Practice: Records Management that accompanies FOIA. 

The Corporate Information, Governance and Assurance Team (CIGA) within Legal, Governance & Assurance Services has overall institutional responsibility and acts as a central point of contact for enquirers, it also has responsibility for:  

• The management of, and response to, those non-routine Information Requests made to the University where the Act's exemptions or exceptions, as appropriate, are applicable  
• The development of guidance and training for staff on FOI and EIR issues  
• The development and maintenance of the University’s Publication Scheme,  
• The provision of the administrative structure for all Requests for Review received by the University under FOIA and EIR 
• The coordination of contact between the University and the Information Commissioner – including quarterly statistical returns, Investigations, Appeals, and the Publication Scheme.  

 College Deans and Professional Service Department Directors are responsible for: 

• Ensuring compliance with this policy.

Data stewards are responsible for: 

• Liaising with the CIGA Team to retrieve information and respond to non-routine requests for information 
• Collating and checking the accuracy of responses from their College/Service area 
• Liaising with the CIGA Team regarding contributions to the University’s Publication Scheme from their School/Service 
• Providing advice and guidance to their own College/Service area.  

 All members ofUniversity staff are responsible for:  

• Familiarising themselves with this Policy and associated guidelines  
• Providing general advice and assistance to those requesting information  
• Seeking advice from, and liaising with, their local Data Steward as soon as possible after a request is received 
• Managing documents and records in accordance with University procedures 
• Responding to routine “business as usual” requests for information.  

Compliance with this Policy is compulsory for all staff employed by the University of Derby, and any member of staff who fails to comply with this Policy may be subject to disciplinary action

Data Protection Officer / Corporate Information Governance and Assurance Manager.

August 2021

• Policy updated, web page created.