Retention and deletion of emails

The request was successful.

Dear East Lothian Council,

Please could you share a copy of your email retention and deletion policies and procedures?
Also, any information that could help answer the following questions would be appreciated:
a) What retention periods have you set for mailboxes, if any?
b) What retention periods have you set for emails in outlook, if any?
c) How do you know which email, while in outlook, is to be deleted and when?
d) How do you delete emails in outlook that are due for destruction?
e) Are your users allowed to move emails from outlook to other systems? And if yes, what guidance do you have for them, if any?
Please ignore questions a to e, if you do not use Outlook/Exchange.
Thank you

Yours faithfully,

José da Silva

Freedom Of Information, East Lothian Council

Thank you for your email.

 

This automated message is East Lothian Council’s acknowledgement that your
information request has been received and is receiving attention.  The
statutory timescales for responses are as follows:

 

Freedom of Information (Scotland) Act 2002 20 working days
Environmental Information Regulations 2004 20 working days
Internal Reviews 20 working days

 

CORONAVIRUS COVID-19 PANDEMIC

 

Due to the ongoing outbreak of COVID-19, the Council is required to
prioritise essential services.  In view of this, it may not be possible
for us to respond to your query within the previously stated timescales. 
If this is the case then we will endeavour to update you as soon as
possible.

 

The Scottish Information Commissioner is responsible for enforcing
Scotland’s freedom of information laws.  The Commissioner’s office has
launched an information hub on FOI during the coronavirus Covid-19
pandemic.  It can be found at [1]www.itspublicknowledge.info/covid-19

 

Freedom of Information Team

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Tel: 01620 827623

Email: [2][East Lothian Council request email]

 

Information about East Lothian Council’s complaints procedure can be found
[3]here.

 

Details of your rights to requesting information from East Lothian Council
are published [4]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [5]website.

 

 

 

show quoted sections

References

Visible links
1. http://www.itspublicknowledge.info/covid...
2. mailto:[East Lothian Council request email]
3. https://www.eastlothian.gov.uk/info/2105...
4. Link to ELC website
http://www.eastlothian.gov.uk/info/704/d...
5. Link to SIC website
http://www.itspublicknowledge.info/

Freedom Of Information, East Lothian Council

 

 

Our Ref:   2022/ELF3287

 

Dear  Mr da Silva,

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

 

Following your email of 7 June, I have been asked to contact you again for
some further information. 

 

In order for East Lothian Council to process your request efficiently, it
would be most helpful if you could please could clarify the type and
content of guidance that is being requested in the following question:  e)
Are your users allowed to move emails from outlook to other systems? And
if yes, what guidance do you have for them, if any?

 

For your information, I have provided an extract from the website of the
Scottish Information Commissioner which explains how our request affects
the timescales of this enquiry:

 

[1]What happens to the 20 working day period if I need more information
from the applicant to let me deal with the request?

 

If you need to ask the applicant for further information to help you
identify and locate the information they want, the 20 working days "clock"
does not start counting down until you have received their clarification.
The deadline for compliance will be the twentieth working day after you
receive additional information from the applicant.

 

Public authorities must not misuse this by delaying asking the applicant
for further information in order to give themselves more time to reply
when the additional information isn't really needed.

 

Thank you for your assistance in this matter, I look forward to hearing
from you in due course.  In the meantime, under the terms of this
legislation, if you are unhappy with the way your request has been
handled, you are entitled to request that we undertake an internal
review.  Please note, however, that both the Freedom of Information
(Scotland) Act 2002 and the Environmental Information (Scotland)
Regulations 2004 only relate to the release of information.  The Scottish
Information Commissioner publishes the following guidance about internal
reviews:

 

You can ask the authority to review its decision if it does not respond or
you are unhappy with the way it has dealt with your request, for example
by:

 

·                refusing to give you the information

·                failing to reply to you within the time limit allowed

·                claiming the information is exempt

·                failing to give you advice about, and help with, making
your request

·                asking you to pay a fee that you feel is unreasonable

 

For example, if you are unhappy because you do not believe the information
you have received is accurate, an internal review would not apply.  Should
this be the case, however, please let me know and I will try to resolve
this.  If I am unable to help, I will be happy to put you in touch with
someone who can.

 

We must receive a request to review within 40 working days of the date of
this notice.  A request to review our decision must be in writing (e-mail
is acceptable) or another permanent format.  When writing, you should
include your reasons as to why you are unhappy with our response and why
you wish it to be reviewed.  Your reasons for dissatisfaction must relate
to your information request of 7 June only and should be addressed to:

 

Information Governance Compliance Officer

Licensing, Administration and Democratic Services

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Email: [2][East Lothian Council request email]

 

We will have a maximum of 20 working days from the date we receive your
request in order to complete our review and give you our decision.  In
order to ensure an impartial approach, an independent senior officer will
be appointed to carry out the review.

 

If you are still not satisfied with our decision following the review
process, then you may ask the Office of the Scottish Information
Commissioner (OSIC) to investigate the matter.  You may submit your appeal
online via OSIC’s website, a link to the online appeal service is provided
for your convenience: 
[3]http://www.itspublicknowledge.info/YourR...

 

Alternatively, you may contact OSIC at:

 

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

 

Telephone:  01334 464610

Fax:  01334 464611

E-mail:  [4][email address]

 

If you remain dissatisfied following the Commissioner’s decision, you may
be able to appeal to the Court of Session.   You should, however, obtain
legal advice before deciding on this course of action.  This is because an
appeal may only be made on a point of law, not because you disagree with
the Commissioner’s view of the case. 

 

Yours sincerely

 

Kathleen Gunn

East Lothian Council

Customer Feedback and FOI Team

John Muir House

Haddington

EH41  3HA

Information about East Lothian Council’s complaints procedure can be found
[5]here.

 

Details of your rights to requesting information from East Lothian Council
are published [6]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [7]website.

 

 

 

 

 

 

show quoted sections

Dear Ms Gunn,

Thank you for your email. To clarify question e. I am interested in any guidance the council's records management or IT department (or departments with similar functions) have produced, if any, to assist users when moving an email from Outlook to a Network file, for example, or any other system used by local authorities, like Mosaic. For example a step by step guide, or a departmental procedure.

Thank you.

Yours sincerely,

José da Silva

Freedom Of Information, East Lothian Council

Thank you for your email.

 

This automated message is East Lothian Council’s acknowledgement that your
information request has been received and is receiving attention.  The
statutory timescales for responses are as follows:

 

Freedom of Information (Scotland) Act 2002 20 working days
Environmental Information Regulations 2004 20 working days
Internal Reviews 20 working days

 

CORONAVIRUS COVID-19 PANDEMIC

 

Due to the ongoing outbreak of COVID-19, the Council is required to
prioritise essential services.  In view of this, it may not be possible
for us to respond to your query within the previously stated timescales. 
If this is the case then we will endeavour to update you as soon as
possible.

 

The Scottish Information Commissioner is responsible for enforcing
Scotland’s freedom of information laws.  The Commissioner’s office has
launched an information hub on FOI during the coronavirus Covid-19
pandemic.  It can be found at [1]www.itspublicknowledge.info/covid-19

 

Freedom of Information Team

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Tel: 01620 827623

Email: [2][East Lothian Council request email]

 

Information about East Lothian Council’s complaints procedure can be found
[3]here.

 

Details of your rights to requesting information from East Lothian Council
are published [4]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [5]website.

 

 

 

show quoted sections

References

Visible links
1. http://www.itspublicknowledge.info/covid...
2. mailto:[East Lothian Council request email]
3. https://www.eastlothian.gov.uk/info/2105...
4. Link to ELC website
http://www.eastlothian.gov.uk/info/704/d...
5. Link to SIC website
http://www.itspublicknowledge.info/

Freedom Of Information, East Lothian Council

5 Attachments

Our Ref:  2022/ELF3287

 

Dear Mr da Silva

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

 

Further to your enquiry of 7 June, and clarified on 20 June, on behalf of
East Lothian Council I am now able to provide our response; please refer
to the PDF attachments.

 

Under the terms of this legislation, if you are unhappy with the way your
request has been handled, you are entitled to request that we undertake an
internal review.  Please note, however, that both the Freedom of
Information (Scotland) Act 2002 and the Environmental Information
(Scotland) Regulations 2004 only relate to the release of information. 
The Scottish Information Commissioner publishes the following guidance
about internal reviews:

 

You can ask the authority to review its decision if it does not respond or
you are unhappy with the way it has dealt with your request, for example
by:

 

·                refusing to give you the information

·                failing to reply to you within the time limit allowed

·                claiming the information is exempt

·                failing to give you advice about, and help with, making
your request

·                asking you to pay a fee that you feel is unreasonable

 

For example, if you are unhappy because you do not believe the information
you have received is accurate, an internal review would not apply.  Should
this be the case, however, please let me know and I will try to resolve
this.  If I am unable to help, I will be happy to put you in touch with
someone who can.

 

We must receive a request to review within 40 working days of the date of
this notice.  A request to review our decision must be in writing (e-mail
is acceptable) or another permanent format.  When writing, you should
include your reasons as to why you are unhappy with our response and why
you wish it to be reviewed.  Your reasons for dissatisfaction must relate
to your information request of 7 June only and should be addressed to:

 

Customer Feedback and FOI Team

People and Governance

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Email: [1][East Lothian Council request email]

 

We will have a maximum of 20 working days from the date we receive your
request in order to complete our review and give you our decision.  In
order to ensure an impartial approach, an independent senior officer will
be appointed to carry out the review.

 

If you are still not satisfied with our decision following the review
process, then you may ask the Office of the Scottish Information
Commissioner (OSIC) to investigate the matter.  You must appeal to
the Commissioner within six months of receiving the review decision.  You
may submit your appeal online via OSIC’s website, a link to the online
appeal service is provided for your convenience: 
[2]http://www.itspublicknowledge.info/YourR...

 

Alternatively, you may contact OSIC at:

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

 

Telephone:  01334 464610

Fax:  01334 464611

E-mail:  [3][email address]

 

If you remain dissatisfied following the Commissioner’s decision, you may
be able to appeal to the Court of Session.   You should, however, obtain
legal advice before deciding on this course of action.  This is because an
appeal may only be made on a point of law, not because you disagree with
the Commissioner’s view of the case. 

 

Yours sincerely

 

Shelley Neville

Freedom of Information Team

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Tel: 01620 827623

Email: [4][East Lothian Council request email]

 

Information about East Lothian Council’s complaints procedure can be found
[5]here.

 

Details of your rights to requesting information from East Lothian Council
are published [6]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [7]website.

show quoted sections