FREEDOM OF INFORMATION POLICY

The Royal Northern College of Music is committed to the principles of freedom of information. The Freedom of Information Act 2000 (FOIA) establishes a general right ofaccess to the information the College holds, thereby promoting greater openness andaccountability. The College will operate an access regime on the presumptionthat information is open unless there is a valid reason to restrict access (wherean exemption specified under the Act has to be applied).

The following policy establishes a framework which underlines thiscommitment and draws together key issues of accountability andimplementation, providing policy statements through which best practice canbe implemented and audited.

The policy covers:

1. Scope of the policy

2. Responsibilities

3. Relationship with existing policies and legislation

4. Guidance available

5. College Publication Scheme

6. Individual Access Requests

7. Charges

8. Complaints

9. Exemptions

10. Copyright

11. Records Management

12. Contact

1. Scope of the policy

1.1 This policy has been established to ensure that the College meets theprovisions of the FOIA and related statutory codesof practice. It applies to information held across the College, by itsdepartments, staff, subsidiaries and agents, irrespective of its format,storage medium or age. Information ‘held’ by the RNCM is notconfined to information generated by College employees and agentsbut encompasses any information in its possession, including information the College has received or purchased, or that is held by third partieson its behalf.

1.2 It is the intention of the policy to reinforce the application of the Act’s keyprinciples and ensure that they remain central to the College’s accessregime, information strategies and records management programme. Namely:

That information routinely published by the College concerning itsactivities is made publicly available through the College’s Publication Scheme

That information held by the College which is not included in the

Publication Scheme is available on request (subject to an assessment of whether or not an exemption applies)

That requests for information are dealt with in an efficient, helpful and

timely manner

That, in cases where an exemption may be claimed, due consideration

is given as to whether or not the information is disclosed (withappropriate regard to the public interest, the rights of data subjects,legal obligations and issues of information access and security)

2. Responsibilities

2.1 The RNCM has a corporate responsibility to implement the provisionsof the FOIA, supporting a general right of access to the information in itspossession and maintaining its records and record-keeping systems inaccordance with the regulatory environment. The member of the College’s senior management with overall responsibility for this policyis the Director of Finance and Support Services. The College is accountable to theInformation Commissioner in its compliance with the Act.

2.2 The College’s Archivist/Records Manager is responsible for drawing up guidancefor the implementation of best practice and promoting compliance withthe Act and this policy in such a way as to ensure the easy, appropriateand timely retrieval of information and efficient handling of requests. TheArchivist/Records Manager will advise on policy and best practice and will reportto the Director of Finance and Support Services and Directorate. The Archivist/RecordsManager also has responsibility for records management across the College, its Archive and is the RNCM’s Data Protection Officer.

2.3 Individual employees must ensure that the records for which they areresponsible are complete and accurate records of their activities, and that requests for information are handled efficiently and promptly inaccordance with the College’s Freedom of Information guidelines.

3. Relationship with existing policies and legislation

3.1 This policy has been formulated within the context of College policiesand guidelines, national legislation and professional standards(see Appendix 1).

4. Guidance Available

4.1 This policy establishes a framework for guidance on the proceduresnecessary to comply with the policy. Guidance on the following areas isin preparation and will be available from the Archivist/Records Manager in due course.

Retention Schedule

Disposal Policy

Vital Records Plan

Email Protocol

Guide to the Management of Electronic Records

FOIA Enquiry Handling Process (in place, 26 June 2007)

FOIA Complaints Procedure (in place, 26 June 2007)

Data Protection Policy (in place, 26 June 2007)

Guidance notes to accompany the Data Protection Policy

5. RNCM Publication Scheme

5.1 The College Information Guide is available electronically at (in hard copyformat) on request from the Archivist/Records Manager.

5.2 The Information Guide details:

the classes of information the College is committed to makingroutinely available to the public

how this information will be made available (via the web, inpaper or electronic format)

whether this information will be made available free of charge oron payment of a fee (see section 7).

5.3 The RNCM will maintain this scheme in accordance with the Act andis committed to publishing the information it describes.

6. Individual Access Requests

6.1 The FOIA gives any member of the public the right to request information which is not made available through the Information Guide; such requests must be in writing. The Act provides the public with

The right to be informed whether the information exists

The right to receive this information (subject to exemptions)

6.2 Individual requests will be handled in accordance with the Act and the Lord Chancellor’s Code of Practice on the discharge of publicauthorities’ functions under Part I of the Freedom of Information Act2000 (issued under section 45 of the Act)

6.3 The enquiry handling process will be supported by College guidance on handlingFreedom of Information requests.

7. Charges

7.1 For information provided in response to specific requests the College reserves the right to apply charges. These will be calculated inaccordance with the Fees Regulations published by the Lord Chancellorand applied according to sections 9, 13 and 19 of the Freedom ofInformation Act. Where payment is not received within three months arequest will be deemed invalid.

8. Complaints

8.1 A College complaints procedure in relation to the Freedom of Information Act is available on request from the Archivist/Records Manager. This procedure establishes the internal route a complaint should follow and will hopefully prevent dissatisfied enquirers reporting the RNCM to the Information Commissioner’s Office.

9. Exemptions

9.1 There will be occasions where the College will have to claim one ormore of the 23 exemptions provided by the FOIA and therefore beunable to supply some or all of the information requested. Informationwill only be withheld in accordance with the exemptions specified bythe Act.

9.2 Particular regard will be given to:

The public interest in maintaining an exemption (through theapplication of public interest and prejudice tests)

The Data Protection Act 1998 and the College’s obligation tomaintain the security and confidentiality of sensitive informationconcerning individual members of staff and students

Other legal and contractual obligations

Commercially sensitive information and that whose disclosurewould prove detrimental or prejudicial to the health and safety ofthe College’s staff and students or the safe and effective conduct of the College’s operations.

9.3 In instances where an exemption is claimed, the RNCM will providea clear statement of the reasons for applying the exemption and willsupply details of its complaints procedure.

10. Copyright

10.1 Information released under the Information Guide and in response tospecific requests is protected by copyright in accordance with theCopyright, Design and Patents Act 1988. Therefore, it may not be usedby third parties for any purpose not permitted by copyright law.

11. Records Management

11.1 As part of its Records Management Strategy the RNCM has in place a

Records Management Policy in order to ensure the creation andmaintenance of authentic, reliable and useable records, with appropriateevidential characteristics that are created, maintained, managed anddestroyed in accordance with the needs of the College and the regulatoryenvironment. The records management programme also has regard to the Lord Chancellor's Code of Practice on the Management of Records’issued under section 46 of the Freedom of Information Act.

12. Contact

Mary Ann Davison, Archivist/Records Manager

Royal Northern College of Music

124 Oxford Road

Manchester

M13 9RD

T: 0161 9075211

E:

Appendix 1

Related Policies, Legislation and Codes of Practice

Policies:

Records Management Policy

Retention Schedule(Forthcoming)

Disposal Policy(Forthcoming)

Vital Records Plan(Forthcoming)

Email Protocol(Forthcoming)

Guide to the Management of Electronic Records(Forthcoming)

FOIA Enquiry Handling Process

FOIA Complaints Procedure

Data Protection Policy

Guidance notes to accompany the Data Protection Policy(Forthcoming)

Legislation:

Data Protection Act 1998

Freedom of Information Act 2000

Human Rights Act 1998

Code of Practice:

International Standard on Records Management, BS ISO 15489

Lord Chancellor’s Codes of Practice under Sections 45 and 46 of the Freedom of

Information Act 2000 (

1

Mary Ann Davison, Archivist/Records Manager. Policy approved 26 June 2007.