Workshops  (Day 2 - Friday, 18th May 2012)

On the second day of the 8th Annual Freedom of Information Conference, Friday, 18th May 2012, delegates choose two Workshops that explore topics in-depth. Each Workshop covers an analysis of a specific issue of FOI compliance or data protection compliance, and will give the delegates opportunities to ask questions and discover how issues are dealt with at other organisations. 

Each Workshop is run by a expert, and there will be considerable opportunity to put questions to the Workshop leader during the session and and to discuss issues with other delegates.

Each Workshop is accredited by the Law Society with 3 CPD Points. Attend two workshops to earn 6 CPD points.

Timings for the Workshops Day

Morning Workshops - 9.30 am - 12.45 pm

A. FOI: 5 Burning Issues

Jackie Gray - Director, Dickinson Dees LLP

In this Workshop Jackie provides practical guidance for FOI officers and their legal teams on the following 5 burning FOI issues:

• Vexatious requests: guidance and case law demonstrating when S14(1) can be used
• “Neither confirm nor deny”: when this approach must be used, when it can be useful, and how it can be reflected in refusal letters without revealing the information in question
• Personal email accounts: practical guidance when information in personal email accounts is held for the purposes of FOI
• Section 36 - Prejudice to effective conduct of public affairs: how to draft an effective Section 36 submission to the Qualified Person using the new ICO template
• Confidential reports: what makes a report confidential and which exemptions may apply to a request for disclosure

B. Commercial Confidentiality, Procurement and FOI Working Together

Hazel Grant - Partner, Bristows

FOI has had an inevitable impact on the public and private sectors’ approach to confidentiality of procurement information and contracts. There have been a number of important decisions which provide guidance on what can be considered confidential or commercially sensitive and what should be disclosed. This Workshop looks at:

• Managing expectations of confidentiality and commercial sensitivity
• Drafting procurement documents and contractual clauses
• Handling requests for procurement and other contractual information
• Exploring the inherent conflict between procurement and outsourcing
• Reacting to proactive publication obligations
• Appraising the Government’s transparency agenda

C. Data Protection: 4 Burning Issues

Leonie Power - Senior Associate, Field Fisher Waterhouse

This Workshop gives delegates an excellent opportunity to discuss solutions to four key contemporary data protection issues. The topics covered in this Workshop are:

• Data protection issues with mobile employees: how to ensure data protection compliance on the move
• Cookies: what they require and how to ensure compliance
• Training staff and putting data protection policies into practice
• Managing security breaches: being prepared for the inevitable

Afternoon Workshops - 2.00 pm - 5.15 pm

D. EIRs: 5 Burning Issues

Damien Welfare - Barrister, Cornerstone Barristers

This Workshop gives delegates an invaluable opportunity to discuss the latest updates in five contemporary issues with one of the UK’s leading experts in the Environmental Information Regulations (EIRs):

• Are the EIRs being applied too widely: decisions of the Commissioner and Tribunal on the dividing line with FOI
• The Commissioner’s approach to “remoteness” under the EIRs: should the Commissioner be taking his own line?
• Commercial confidentiality exception: how strong has it become and what is the potential impact of the human rights aspect introduced by the Staffordshire case?
• Aggregation of EIR exceptions: does the decision of the European Court of Justice apply to all EIR exceptions (the Ofcom case) and what are the implications for the FOI Act?
• How the other EIR exceptions have been applied in recent decisions

E. FOI and Data Protection: Issues and Problems

Liz Fitzsimons - Legal Director, Eversheds

This Workshop explores complex issues regarding requests for information containing personal data under FOIA or the EIRs. This session provides covers:

• Identifying personal data: the ICO’s view post Durant; anonymised statistics (the Pro Life Alliance and Department of Health decision)
• Requests involving sensitive personal data
• Duty to confirm or deny: ensuring compliance
• Third party data: applying S7(4), DPA, rather than S40, FOIA
• Meaning of disclosure “otherwise than under this Act”
• Applying the S10 exemption: S40(3)(ii)
• Applying the second condition: S40(4)
• Frequently asked questions, including salaries, staff discipline and compromise agreements non-compliance

F. Data Protection: the Guide to the New Regulation

Nick Graham - Partner, SNR Denton

The European Commission has published a new General Data Protection Regulation (the Regulation) which proposes comprehensive reform to data protection rules across the European Union. If approved, the Regulation will be directly applicable and impose a single set of data protection standards across Europe. In this session, Nick Graham discusses the new proposed legislation, including:

• New requirements under the Regulation, including certification, requirement for a data protection officer, accountability requirements and increased responsibility for data processors
• New enforcement issues, including fines and breach notification
• New rules for old terms, including minors, consent and the definition of ‘personal data’
• The rights of data subjects including subject access requests, data portability, the right to be forgotten, the right to claim compensation, and cookies
• International data transfers including options for transfers under the new Regulation