Challenges of freedom of information for researchers

1. Challenges of freedom of information for researchers Susan Graham University Records Manager University of Edinburgh

2. A person who requests information from a Scottish public authority which holds it is entitled to be given itS1, Freedom of Information (Scotland) Act 2002

3. Openness and research data • Freedom of information • Funder pressure • Publisher pressure • Public pressure

4. Exemptions • Research in progress • Commercial interests • Actionable breach of confidence • Personal data • Health and safety • Cost of compliance • But: Exemptions narrowly drawn and subject to numerous tests

5. Research in progress (s 27(2)) • Information obtained in the course of or derived from a • programme of research is exempt information if • the programme is continuing • with a view to a report of the research (whether or not including a statement of that information) being published AND • disclosure of the information before the date of publication • would, or would be likely to, prejudice SUBSTANTIALLY: • the programme, the interests of any individual participating in the programme, the interests of the authority • THEN apply the public interest test

6. Subject matter of University of Edinburgh FOI requests in 2010 • Requests focus on admin • Increasing interest in research

7. University of Edinburgh: climate change • I write regarding an article in Journal of Climate and another in Nature. • Are the data, when and where it was collected, the basis of selection, methodology and algorithm publicly available?

8. University of Edinburgh: climate change • Article 1 • Review article: referred to references • Article 2 • Base data: provided web address • Simulations: mounted on website • Algorithm: available in Nature • Additional commentary provided

9. University of Edinburgh: public engagement on stem cell research • I would be grateful if you could provide me with: • a list of names of all attendees at this public debate • an indication of how the event was recorded at the time • any other documentation that the University of Edinburgh might have at its disposal regarding this event, such as additional notes or transcripts and any recorded feedback from attendees • any additional information relating to the concerns raised at this event that the University of Edinburgh brought to the HFEA’s attention at the time.

10. University of Edinburgh: public engagement on stem cell research • a list of names of all attendees at this public debate • Withheld: personal data • an indication of how the event was recorded at the time • Provided in full • any other documentation, such as additional notes or transcripts and any recorded feedback from attendees • Feedback no longer held, rest provided in full • any additional information relating to the concerns raised at this event brought to the HFEA’s attention • Provided in full

11. University of Edinburgh: Medical Research • I would like copies of the two annual reports submitted to Medical Research about the research grant for the above study.

12. University of Edinburgh: Medical Research • I would like copies of the two annual reports submitted to Medical Research about the research grant for the above study. • Withheld: research in progress

13. Impact on commercial relationships • Universities are competing in a world-wide market • Upfront clarity • Contract clauses • Clearly identify confidential material • Consultation

14. Freedom of information & research: 5 key points • In Scotland, we can protect genuinely sensitive information • Build safeguards into contractual arrangements • Act quickly • 20 working days to respond to a request • Follow your institution’s procedures • Why is giving this out harmful? • Seek advice, especially if refusing a request • Create clear and professional information • Dispose of unnecessary information • Ensure your information is accessible in your absence

15. Any questions?

16. Susan GrahamUniversity Records ManagerUniversity of Edinburghrecordsmanagement@ed.ac.uk