Speakers' Presentations  (Day 1 - Thursday, 12th May 2016)

On the first day, Delegates hear from the leading experts on data freedom of information. Each talk will be approximately 30 minutes, and there will be plenty of opportunity for networking during the day.

Timings for the Speakers' Presentations Day

Conference Chair

Christopher Knight - 11KBW

The FOI Commission: the Next Chapter for FOI

Jackie Gray, Managing Associate at Bond Dickinson

Following ten years of FOI and little legislative change, the review by the Independent FOI Commission was expected to define the next chapter in the development of freedom of information law. Following the publication of the Commission's report in March 2016, the conclusion is that FOI is generally working well and the Government's initial response appears to rule out legislative change.  This session provides an overview of the key recommendations made by the Commission and looks at the practical implications for FOI practitioners on how those may be implemented in the future.

Lazy Journalism?

Matt Burgess, Journalist and Author

Evidence submitted to the Independent Commission on FOI suggested that journalists were lazy for using the Act to lever information from public authorities. This talk looks at the submissions to the Commission that attacked journalists and clarifies some of the myths about how journalists use the legislation. Matt also discusses suggestions that were made by journalists, whether they are realistic, and what could be done without further legislation to bring about effective change.

Personal Data and Information Requests

Damien Welfare, Barrister at Cornerstone Barristers

Information Officers must frequently deal with the definition of 'personal data' when responding to FOI/EIR requests. Following the decision in Edem, the scope has grown beyond the narrow interpretation in Durant, as the ICO has long advised. At the same time, the tensions between demands for transparency, and the increasing concern to protect individuals' privacy, only increase. This session considers the exemption in the context of the latest cases and guidance, as well as the changes that the new Data Protection Regulation will bring.

Unjustified, Inappropriate or Improper – When is an Information Request Vexatious or Manifestly Unreasonable?

Jon Baines, FOI Manager at Network Rail

There have been several significant developments in the case law and ICO approach regarding section 14 of FOIA and regulation 12(4)(b) of the EIRs. This session considers those changes as well as how the proper use of the provisions helps both to protect the public purse and counter criticism of the FOI regime.

Divining the Public Interest

Estelle Dehon, Barrister, Cornerstone Barristers

Practitioners are often confronted with difficult questions about identifying the public interest in favour of disclosure, including how the public interest can be aggregated, when and whether new elements can be taken into account as a request progresses through the appeal stages, and at what point in time the public interest is to be ascertained. This session considers these issues and provides practical guidance on the relevant case law.

The Request and the Response: What’s New?

Zoe Gannon, Barrister at 11KBW

Recent judgments in Innes v Information Commissioner, IPSA v ICO and Ghafoor v Information Commissioner cast new light on the technical and often challenging question of what amounts to a valid request and how a public authority should respond. This talk looks at the key aspects of a valid request (including whether a request on Twitter will ever be valid), what amounts to “information” (including when a copy will be sufficient), and
how to respond to a request for communication by a particular means.

FOI and EIR in a New European Landscape

Liz Fitzsimons, Legal Director at Eversheds LLP

The UK’s relationship with the EU is under scrutiny at the same time as changes driven by European legislation and cases continue to impact our approach to information rights in the UK. With the impending 2016 referendum on ‘Brexit’, this session explores the potential impact of a vote to leave the EU on the UK’s FOI and EIR legislation and practices.