Our ref: FoI Review 2010/03–F0084899
11 February 2010
Mr S Cross [[FOI #25207 email]]
Dear Mr Cross,
Freedom of Information (Scotland) Act 2002 – Review Outcome
I write with regard to your request for a review of the University’s response to your
Freedom of Information request (Our Ref FoI 2010/01–F0082137). Your areas of
concern relate to:
You have requested a more comprehensive set of figures, stating that you
consider responses from certain key services to be missing.
You ask in addition whether the figure quoted for computing is for the whole of
IT Services.
I note that you state that your reasons for a request for a review are twofold:
you are conducting research into management structures, and you consider
the University to have been ‘a little economical with the truth’.
The University has reviewed your request and the response you were sent on 28
January 2010. The figures provided in response to your request are for those
departments within University Services where records were held and where staff at
Grade 7 and above have worked at home in the last year. Other University Services
departments either do not hold the information you requested, or do not record this
information. There are no additional data to report for IT Services.
So, for the avoidance of doubt, with the exception of those departments listed in the
University’s previous response, no other departments hold this information.
Accordingly, Section 17 ‘Information not held’ should have been quoted, since the
University of Glasgow does not hold the information that you have requested and is
not aware of any other public authority that could respond to your request. Section
17 of the Freedom of Information (Scotland) Act 2002 states that where public
authorities receive requests for information that they do not hold, they must issue a
notice advising that they do not hold the requested information. On behalf of the
University, I apologise if this was not sufficiently clear in the response that you were
sent.
The supply of documents under the terms of the Freedom of Information (Scotland)
Act 2002 does not give the applicant or whoever receives the information any right to
re-use it in such a way that might infringe the Copyright, Designs and Patents Act
1988 (for example, by making multiple copies, publishing or otherwise distributing the
information to other individuals and the public). The Freedom of Information
(Scotland) Act 2002 (Consequential Modifications) Order 2004 ensured that Section
50 of the Copyright, Designs and Patents Act 1988 (“CDPA”) applies to the Freedom
of Information (Scotland) Act 2002 (“FOISA”).
Breach of copyright law is an actionable offence and the University expressly
reserves its rights and remedies available to it pursuant to the CDPA and common
law. Further information on copyright is available at the following website:
http://www.ipo.gov.uk/copy.htm
I confirm that this letter signifies the end of the University’s internal procedures. If
you remain dissatisfied with the outcome of this review you can appeal to the Office
of the Scottish Information Commissioner at the following address:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St. Andrews
Fife KY16 9DS
Tel: 01334 646610
Email: [email address]
Please be advised there is a right of appeal to the Court of Session against the
Commissioner's decisions, but only on a point of law.
Yours sincerely,
Dr Anne B Mitchell
Corporate Projects Manager