Author Topic: Freedom Of Information  (Read 5709 times)

Offline Ricardo

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Freedom Of Information
« on: July 21, 2005, 07:35:03 PM »
Under sec 21 of the FPA 71 Act "restriction on disclosure of information" If a person(fire inspector) discloses any info obtained in a premise other than in the performance of his duties, or for a report or legal proceedings, then he would be guilty of an offence.

Would section 21 take precedence over the Freedom of Info Act?, and
effectively stop the FRS from releasing info under the FOI to someone
regarding a premise who has requested it, or would it be taken to mean that an
individual fire inspector cannot pass info on a premise he has inspected to
any third party say the occupier next door.

But if that occupier or anyone else requests  in writing info on the premise next door then he would be entitled to get it under FOI, and section 21 is overruled by FOI? I thought under FOI the provision of info can still be refused under certain circumstances. I do think they are 2 totally different things and not related in any way.

Any advice would be most welcome

Offline fireftrm

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Freedom Of Information
« Reply #1 on: July 22, 2005, 07:38:00 AM »
Firstly the FOI would not allow the disclosure of any premise as this is a preconception, or thought. As in working on the premise that ..... A very common mistake is to assume that premise is the singular of premises. It isn't. Premises, like sheep, is both singular and plural.

Now to the point about what you have seen, this would not be disclosable, the FOI covers what we do and not what we see. For example the number and type of visits may be covered but not what the premises occupiers business details etc are as this is not a disclosure of anything to do with us. So s21 would still apply - you may disclose what fell into your duties but not other information. This is intended to cover confidential business information, for example you have visited a premises where a new product is under development and they have an extension in progress to allow for its production. You can/should disclose information on the building and works but not about the commercially sensitive product.

Seems quite clear to me and rather worrying if people thought that FOI would allow businesses/individuals to start asking us about their competitors/neighbours. I know they would get a very polite, but sharp, response in the negative!
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Offline Ricardo

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Freedom Of Information
« Reply #2 on: July 22, 2005, 02:57:09 PM »
Sorry for not getting the spelling of premises correct, was aware that with and without the s was same meaning, fully understand what you say above and also seems clear to me, reason for asking is have heard that a local newspaper have requested copies of all letters from last year on fire inspections carried out at care homes in Scotland, and as a result have printed details from some of the letters in question, see www.timesonline.co.uk and search for Sunday times Scotland 17/07/05, 2/3 care homes fail fire tests & nursing homes fail to learn lessons of rosepark blaze. That’s what got me thinking were they entitled to this info? Thanks for your reply fireftrm

Offline fireftrm

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Freedom Of Information
« Reply #3 on: July 22, 2005, 06:15:18 PM »
Sounds a reasonable request under FOI and also s21 of FPA. This would be the info we would state in an open court after all. What we couldn't disclose would be their charging regime, if we had come across it, or such like commercially confidential info. The sort of info you refer to is for the public good.
My posts reflect my personal views and beliefs and not those of my employer. If I offend anyone it is usually unintentional, please be kind. If it is intentional I guess it will be clear!