Available in the Classroom & via Microsoft Teams

FOI Practical Training - Level 2 (Applying the Exemptions)

Course Overview:

Public sector bodies must make daily decisions on how to respond to requests for information under the Freedom of Information Act, and how to apply the exemptions in the Act. Those decisions are increasingly reviewed and, in many cases, overturned by the Information Commissioner, the Information Tribunal and the Courts. As case law develops, public authorities need to ensure that they understand when the exemptions can be applied, and what they have to demonstrate in order to apply them correctly.

This training session considers in detail the practical application of the main FOI exemptions. Topics covered include:

• a detailed analysis of the key exemptions with reference to ICO, Tribunal and Court decisions including confidentiality, commercially sensitive information, effective conduct of public affairs, investigations, law enforcement, health and safety and legal privilege
• the personal data exemption, and  its inter-relationship with the Data Protection Act
• other access regimes and application of Section 21 (Information Accessible by other Means) and Section 44 (Prohibitions)
• the duty to ‘confirm or deny’
• confidentiality, procurement and contracts including latest guidance and ICO and Tribunal decisions
• drafting robust Refusal Notices
• the appeals process and dealing with the Information Commissioner and the Information Tribunal

The day consists of instruction on the legal provisions with reference to latest guidance and the key ICO and Tribunal decisions. There will be plenty of opportunity for discussion and delegates are encouraged to bring queries and questions to the session, which will be fully interactive.

It is not necessary to attend FOI Level 1 in order to attend FOI Level 2, but FOI Level 2 delegates are expected to already have the basic knowledge of how FOI works in practice.

Attendance on this course can be used as credit towards gaining the Practitioner Certificate in Freedom of Information.