Student data rights: The Higher Education and Research Act 2017 (Cooperation and Information sharing) Regulations 2018 No. 607

The request was partially successful.

Dear Department for Education,

re the consultation outcome refered to in the paragraph 9.1 http://www.legislation.gov.uk/uksi/2018/...

EXPLANATORY MEMORANDUM TO THE HIGHER EDUCATION AND RESEARCH ACT 2017 (COOPERATION AND INFORMATION SHARING) REGULATIONS 2018 2018 No. 607

"Consultation took place widely within DfE and with HEFCE during Autumn 2017 to ascertain the bodies that HEFCE had historically shared information with and any new types of information sharing which would be needed by the OfS in future.

"The purpose of the information sharing, and whether it would be primarily for OfS functions or the functions of the other body was then determined through a further round of consultations within both the Department for Education and the bodies themselves between January and March 2018. "

Please provide the minutes from both sets of discussions. If no minutes were taken and are therefore not available, please provide the record from such meetings in whatever form available.

Thank you for your consideration.
Sincerely,

Jen Persson

ACCOUNT, Unmonitored, Department for Education

Thank you for contacting the Department for Education. We can confirm that
we have received the Freedom of Information request you submitted.

We will respond to you within 20 working days.

 

ACCOUNT, Unmonitored, Department for Education

1 Attachment

Dear Jen Persson 

 

Thank you for your request for information, which was received on
18/06/2018 00:00 .

 

Please find attached an update to your request.

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

If you are unhappy with the way your request has been handled, you should
make a complaint to the Department by writing to me within two calendar
months of the date of this letter. Your complaint will be considered by an
independent review panel, who review panel, who were not involved in the
original consideration of your request. 

If you are not content with the outcome of your complaint to the
Department, you may then contact the Information Commissioner’s Office.

 Nilufa Rahman 

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

References

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Dear Department for Education,

I am writing to support your public interest test / request an internal review of Department for Education's handling of my FOI request 'Student data rights: The Higher Education and Research Act 2017 (Cooperation and Information sharing) Regulations 2018 No. 607.

Policy formulation arguments would carry significant weight at some stages, but the high-level policy position and previous consultation period was settled when the Statutory Instrument became law on June 18, 2018.

The need for a safe space for consultation on its formulation diminished at this point. The consultation may have been considered policy formulation only until its implementation under the legislation.

We believe that this Statutory Instrument required legal review with regard to UK and European law, unfair competition, and to privacy rights under Human Rights law which the Department has chosen to omit in its Explanatory Notes provided with the SI and did not include in the decision-taking. The information may provide evidence this assumption is incorrect.

In making any determination required by section 2(1)(b) or (2)(b) in relation to information which is exempt information by virtue of subsection (1)(a), regard shall be had to the particular public interest in the disclosure of factual information which has been used, or is intended to be used, to provide an informed background to decision-taking.

There is no transparency or detailed purposes behind the legislation published in the Explanatory Notes and therefore an added transparency interest arises as to its background.

There is significant policy interest and public interest, as raised by MPs in 2016 in the parent act formulation and as I noted to the Secondary Legislation Scrutiny Committee (Footnote 1), and was subsequently raised during Committee discussion on July 02, 2018, of the Higher Education and Research Act 2017 (Cooperation and Information Sharing) Regulations 2018 (S.I., 2018, No. 607).(Footnote 2)

The public interest test should find in favour of disclosure outweighing the maintenance of the exemption.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

(1) http://defenddigitalme.com/wp-content/up...
(2) https://hansard.parliament.uk/Commons/20...

Thank you.
Sincerely,
Jen Persson

ACCOUNT, Unmonitored, Department for Education

Dear Ms Persson

Thank you for your recent enquiry. A reply will be sent to you as soon as possible. For information; the departmental standard for correspondence received is that responses should be sent within 20 working days as you are requesting information under the Freedom of Information Act 2000. Your correspondence has been allocated reference number 2018-0030528.

Thank you

Department for Education
Ministerial and Public Communications Division
Tel: 0370 000 2288

show quoted sections

ACCOUNT, Unmonitored, Department for Education

2 Attachments

Dear Jen Persson 

 

Thank you for your request for information, which was received on
18/06/2018 00:00 .

 

Please find attached our response to your request.

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

If you are unhappy with the way your request has been handled, you should
make a complaint to the Department by writing to me within two calendar
months of the date of this letter. Your complaint will be considered by an
independent review panel, who review panel, who were not involved in the
original consideration of your request. 

If you are not content with the outcome of your complaint to the
Department, you may then contact the Information Commissioner’s Office.

 HE Briefing Hub

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

References

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk

ACCOUNT, Unmonitored, Department for Education

Dear Jen Persson,

I am contacting you concerning the FOI you submitted to the DfE on 18^th
June 2018 and to which we sent you a final response on 13^th August 2018.

On 16^th July 2018 following our initial partial response you stated that
you were requesting an internal review of the Department’s handling of
your FOI request.

I am therefore emailing to check if you still want us to conduct an
internal review or if you are now happy with our response to your FOI?

Kind Regards,

Nilufa Rahman

 

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

 

References

Visible links
1. https://www.education.gov.uk/
2. https://www.twitter.com/educationgovuk
3. https://www.facebook.com/educationgovuk