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ADVANCED JADE TIPS(and other things I’ve picked up on monitoring JADE…)
Aubrey Bodden, Acting Policy AnalystFreedom of Information Unit
IM Network Meeting 25 November 2009
Presentation Outline Taking Ownership of JADE
Entering Request Details
Should it go in JADE?
Requests are for Records
Correspondence History
Outcomes
Splitting Requests
Logging Appeals
Taking Ownership of the JADE System
YOU are responsible for the data entered in JADE and its accuracy
YOU produce the quarterly reports to the ICO and must explain the data
YOU may use JADE to report statistics to your supervisor or Chief Officer
I will call YOU when I do not understand information in JADE
Not sure about a task in JADE? ASK!
Entering Request Details - DOs
DO capture the entirety of the applicant’s request in a way that is clear and concise
DO summarise the request if necessary
DO amend request details after clarification is received to reflect the newly clarified details
DO use proper grammar, spelling, punctuation and capitalisation
Entering Request Details - DON’Ts
DON’T include anyone’s contact details
DON’T include salutations and other information irrelevant to the request
DON’T include the record delivery format
DON’T delete the request description when clarification is received from the applicant
DON’T include notes to yourself or others
Should it go in JADE? - YES
YES – The request is for information that is not available under another administrative policy or procedure in your public authority
YES – It is not information that you could give out in the normal course of business
YES – The applicant wants to obtain access to a record not previously made public
YES – The requested record is not listed in your publication scheme
Should it go in JADE? - NO
NO – The record is open to access by the public pursuant to an enactment (s. 6(4)(a))
NO – The record is available for purchase by the public in accordance with administrative procedures (s. 6(4)(b))
NO – The information is in the public domain
NO – You gave out this kind of information before FOI came into effect
NO – The request is for contact details or other basic information about your public authority and its functions
Should it go in JADE? - NO ctd.
NO – JUST BECAUSE… Another staff member thinks you should
deal with it because you’re the IM It came in to the FOI email It is addressed to the Information Manager It mentions Freedom of Information It came in on an FOI application form Your Chief Officer told you to
Requests are for Records, Not Answers to Questions
Section 3(1): The FOI Law applies to public authorities and records
Section 6(1): “Subject to the provisions of this Law, every person shall have a right to obtain access to a record other than an exempt record”
Ensure that FOI Requests are Always Answered with Records
Don’t just answer the applicant’s question Give it some thought! How do YOU know the answer?
If the answer is hard or impossible to give with records, the question might not be an FOI request
You can answer a portion of an applicant’s request outside of the parametres of FOI
Creating Records and Collating Information
You are not required to create a record to respond to a request FOI applies to records held by public authorities
You are required to collate all relevant information to respond to a request Creating a new record from
information held in various records can be done at your discretion and as necessary
Correspondence History - DOs
DO record ALL correspondence with ANYONE Applicant, third parties, Legal Department, other
staff members within your public authority
DO state the correct date (you can backdate)
DO utilise the “File Note” option
DO summarise the content of and reason for the correspondence if not a template letter
DO – Check this section to see what is updated automatically and what you must add manually
Correspondence History - DON’Ts
DON’T neglect this section if you use your own templates for response letters
DON’T enter the same details multiple times
DON’T add correspondence manually when it is automatically recorded during a task
tasks toolbar
edit request toolbar
stages of the request life cycle
where you are now
CORRESPONDENCE HISTORY
OUTCOMESGranted in full
Granted in part
Exempt
Public domain
Refused
No records exist
Withdrawn by applicant
Deferred
* as at 30 September 2009
Outcomes – General DOs
DO record the CORRECT outcome
DO record ALL correct outcomes
DO utilise the outcome remarks section, especially if you record multiple outcomes
DO indicate who made the decision if not you
DO double-check your outcomes before closing
Outcomes – General DOs ctd.
DO backdate the outcome if necessary Time to complete = date of receipt to date of outcome
Outcomes – General DON’Ts
DON’T copy and paste the full text of a letter Generic introductory statements and information
about appeals do not need to be recorded
DON’T be careless with spelling and grammar
DON’T use the outcome remarks for just gibberish, it is not a mandatory field
Outcomes – General DON’Ts ctd. DON’T add multiple outcomes without making
it clear what information they each apply to
DON’T record outcomes that don’t make sense
1. Granted in Full – Best Practice
Remarks may not always be necessary for this outcome type, or may be very simple
Only include useful information in the remarks
2. Granted in Part – Best Practice
Record all additional outcomes utilised Include remarks that explain why the request
was only granted in part In additional outcome remarks, detail what records
or portions of the request were not granted
2. Granted in Part – Best Practice ctd.
Always include the granted in part outcome
NB: The exemption for unreasonable disclosure of personal information is only applicable to
information about actual human beings
3. Exempt – Best Practice
Explain why the information is exempt
Confirm application of the public interest test
4. Excluded – Best Practice ctd.
If the record is exempt because another law takes precedence, cite the appropriate law
Remember – this information has not been provided under FOI
because it is already in the public domain, so an additional outcome for public domain is not necessary,
so the remarks are correct
5. Deferred – Best Practice Explain why the request is being deferred
Indicate the date that the applicant will be provided with a copy of the record
6. Refused – Best Practice
9(a) Explain why the request is vexatious
Include details and request numbers for other applications which may be relevant
9(b) Include the reference number of the substantially similar request from the same person that you have already dealt with
State the outcome of the original request
6. Refused – Best Practice ctd.
9(c) Explain how compliance with the request would unreasonably divert the resources of your public authority
6(b). Public Domain – Best Practice
9(d) Indicate where the information is publically available, and how to access it
7. No Records Found – Best Practice
Detail the search for records
Explain why you might not have the records
Indicate whether the request will be transferred to another public authority
8. Administrative Closure – Best Practice
Always include outcome remarks that explain why the request was administratively closed
If the request is a duplicate, indicate the number of the active file in the remarks
Splitting Requests
If a request will become clearer by splitting it into more than one part, treat that application as multiple separate requests in JADE
Splitting a request is useful if the initial request consists of many records and you will be making multiple decisions Multiple decisions will lead to multiple outcomes
Distorts reporting
Complicates statistical analysis
Confuse records keeping
See FOI Circular #5 – Clarifying Requests for more information on splitting requests
Splitting Requests - DOs
DO split the request using the JADE task
DO explain the split to the applicant cite which sections from the “parent” request will
constitute each “daughter” request
DO consolidate the multiple correspondence letters generated by multiple requests
Splitting Requests – DON’Ts
DON’T split requests unnecessarily
DON’T enter each request individually
DON’T leave the correspondence history of all but one request empty
DON’T wait to send your decision letter until all responses are ready
DON’T include portions of a request that should not fall under FOI procedures
Logging Appeals - DOs
DO record the appeal information in the same file as the original request for information
DO give the information to the original IM promptly if the request has been appealed to the Ministry/Portfolio above the public authority
DO record the delivery of records that have been released upon appeal
DO indicate who conducted the IR
DO include ICO mediations as appeals
Logging Appeals - DOs
DON’T create a new request for an appeal
DON’T wait until the resolution of the appeal to log receipt of the application
DON’T attempt to change the original outcome made by the Information Manager if the appeal overturns that decision