8 Weymouth Street
Telephone
020 7580 5861
London
Facsimile
020 7436 5269
W1W 5BU
e-mail
[ARB request email]
website
www.arb.org.uk
Architects Registration Board
Date: 25th November 2009
Ref: FOI/Board Appraisal
BY EMAIL
Dear Mr Salisbury
I write further to your Freedom of Information Act 2000 (the “Act”) request of 20 October
2009 relating to the internal assessment of Board members.
You made two numbered requests, namely, to be provided with:
“1. A copy of any pro forma questionnaire issued to Board members, distinguishing
between forms used for appointed and elected members (if there is any difference),
and
2. Unredacted copies of the completed and returned questionnaires.”
In relation to Request 1, I enclose copies of the fol owing documents:
a) A note circulated to Board members setting out the procedure for the Board
Members’ Appraisal Scheme (the “Scheme”).
b) A process diagram accompanying the above note.
c) The pro forma questionnaire for the Scheme. I can confirm that this is the only
questionnaire which is currently in use for the purposes of the Scheme. There is no
difference in the forms used for appointed and elected members.
In relation to Request 2, I can confirm that the Board does hold completed
questionnaires in respect of some Board Members. This information is however exempt
from disclosure under the Act as:
1. The information provided by Board Members on the appraisal form was provided in
confidence, and its disclosure would give rise to an actionable breach of confidence.
It is therefore exempt from disclosure pursuant to s.41 of the Act. The Board Minutes
of 17 July 2008 make it clear that the information is to be treated as confidential, and
this is emphasised in the document provided to Board members and referred to at
point a) above.
2. It is personal data relating to Board Members and exempt under the provisions of
s.40 of the Act. I note your comment that this exemption should not apply to your
request as:
“Whereas it is clear that personal data are exempt from disclosure, this exemption
does not appear to apply to data pertaining to public office, which is of public interest
and validly so, particularly when a review is being made of the performance of a
public authority and its members.”
Having considered the application of this exemption in detail, I consider that it does apply
in this instance. Given in particular the concerns regarding confidentiality which were
raised at Board level prior to the Scheme being instituted, and the legitimate expectations
of Board members that their information wil not be disclosed, in my judgment disclosure
of the completed questionnaires would be an unfair processing of personal data and
therefore a breach of one of the data protection principles referred to in s.40(3) of the
Act.
Under the Board’s procedures you are able to ask for my decision to be reconsidered by
the Registrar, fol owed by a further review by the Information Commissioner as specified
in section 50 of the Freedom of Information Act.
Yours sincerely
Karen Holmes
Deputy Registrar and Head of Registration
Page 2/2