Procurement Advice Specific to Service
- Information Policy

(Legal advice for use of information)

Our Quality Service Standards

The success of our service will be judged by the satisfaction of schools in the way we deal with requests and our ability to provide assistance and answer queries promptly and effectively.

Our service will evolve in response to comments received after each and every occasion where we are asked to assist. We recognise the importance of customer satisfaction and the role which we have in enabling a first class education service.

• Our staff are trained by Masons, a world class firm of solicitors, to the standard expected by the Information Systems Examining Board (ISEB)
   

• Telephone cover will be provided by Information Policy Staff between the hours of 8.30 a.m. and 5.00 p.m. (4.30 p.m. on Fridays)
   

• Guidance materials will be reviewed regularly to take into account changes to the relevant legislation and case law

Our Quality Assurance Mechanisms

• The quality of our advice will be judged by the authorities overseeing compliance with information law, such as the Office of the Information Commissioner and the Office of the Surveillance Commissioners
   

• Comparisons with other local authorities
   

• Comparison with guidance issued by other agencies
   

• Monitoring through performance indicators set out in the ICT & Information Management Team Plan for all areas of Information Policy work

Schools’ Responsibilities

Schools should already be aware of the requirements of the various Acts of Parliament, which affect their day-to-day use of information from guidance issued by the DfES and the Office of the Information Commissioner.

In particular, schools are responsible for:

• Notification of their processing of personal data to the Office of the Information Commissioner
   

• Amendment of their Notification entry (above) to reflect new purposes for processing personal data
   

• Dealing with requests for access to personal data and to educational records within the statutory response time (15 school days for educational records, 40 consecutive days for personal data not consisting of educational records)
   

• Full compliance with the provisions of the Data Protection Act 1998q Full compliance with the provisions of the Human Rights Act 1998q Having a publication scheme in place by 1st March 2004 in order to comply with the Freedom of Information Act 2000q Responding to requests for access to information in accordance with the Freedom of Information Act 2000 from 1st January 2005q The completion and authorisation of directed surveillance forms in connection with any covert surveillance of either staff or pupils in connection with criminal acts or breach of school policy
   

• The keeping of a central and secure record of all authorisations for directed surveillance

What we need schools to do

The effectiveness of our service is dependent in many cases, on action by the school. Even where schools choose not to use our service in relation to these areas, they have a legal requirement to fulfil these obligations. We therefore recommend that where you need us to help you, you do the following:
 

• Where assistance is required in connection with the renewal of your notification to the Office of the Information Commissioner that you let us know in good time so that we can do this on your behalf before your current notification expires
   

• Where you need us to help you to amend your notification entry that you let us know in good time in order that we can assist you
   

• Where assistance is required with requests for access to personal information and educational records that these are passed to us immediately in order to enable us to discharge the request within the statutory timescale
   

• Decide whether school wishes to have both a web-based publication scheme and a paper version or just a paper version in satisfaction of the Freedom of Information Act 2000
   

• Identify in advance those school documents (such as annual school reports, promotional information and prospectuses) that need to be included in your publication scheme and who will be responsible for updating this from March 2004 in satisfaction of the Freedom of Information Act 2000
   

• Consider in advance whether school may wish to levy a charge for access to information from January 2005 (in accordance with charging mechanisms under the Freedom of Information Act 2000)q Establish who in school will be responsible for handling requests for information from January 2005 in accordance with the above Act or whether school chooses to use Information Policy’s service in this respect
   

• Advise us in good time before any covert surveillance is undertaken in order that we might assist you to complete the necessary documentation in accordance with the Regulation of Investigatory Powers Act 2000