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diff --git a/lib/views/help/officers.html.erb b/lib/views/help/officers.html.erb index 0a7d208..5a0418f 100644 --- a/lib/views/help/officers.html.erb +++ b/lib/views/help/officers.html.erb @@ -1,247 +1,196 @@ <% @title = "FOI officer questions" %> <%= render :partial => 'sidebar' %> -<div id="left_column_flip"> - -<h1 id="officers"><%= @title %> <a href="#officers">#</a> </h1> - -<dl> - -<dt id="top">I just got here from bottom of an FOI request, what is going on? <a href="#top">#</a> </dt> - -<dd><p><%= site_name %> is a service run by a charity. It helps ordinary members -of the public make FOI requests, and easily track and share the responses.</p> - -<p>The FOI request you received was made by someone using <%= site_name %>. You can -simply reply to the request as you would any other request from an individual. -The only difference is that your response will be automatically published on -the Internet. -</p> -<p>If you have privacy or other concerns, please read the answers below. -You might also like to read the <a -href="/help/about">introduction to <%= site_name %></a> to find out more about what -the site does from the point of view of a user. You can also search the -site to find the authority that you work for, and view the status of -any requests made using the site. - -<p>Finally, we welcome comments and -thoughts from FOI officers, please <a href="/help/contact">get in touch</a>. -</p> -</dd> - -<dt id="responses">Why are you publishing responses to FOI requests? <a href="#responses">#</a> </dt> - -<dd>We think there are lots of benefits. Most importantly it will encourage the -public to be more interested and involved in the work of government. We -also hope that it will reduce the number of duplicate requests on any -subject that a public body will receive. Given that Freedom of Information -responses contain public information, which anybody could easily request -again from the public authority, we think there should be no reason not to -publish it widely. -</dd> - -<dt id="realpeople">Are the people making requests real people? <a href="#realpeople">#</a> </dt> - -<dd>Yes. For the purposes of keeping track of responses we use -computer-generated email addresses for each request. However, before -they can send a request, each user must register on the site with a -unique email address that we then verify. You can search this site and -find a page listing all requests that each person has made. -</dd> - -<dt id="email_only">An email isn't a sufficient address for an FOI request! <a href="#email_only">#</a> </dt> - -<dd>Yes it is. This -<a href="http://www.whatdotheyknow.com/request/1142/response/2894/attach/5/20080806100741260.pdf">letter from the ICO to Rother District Council</a> gives guidance on the matter, specifically -in the context of requests made via <%= site_name %>. -</dd> - -<dt id="vexatious">Aren't you making lots of vexatious requests? <a href="#vexatious">#</a> </dt> - -<dd><p><%= site_name %> is not making any requests. We are sending requests on -behalf of our users, who are real people making the requests. </p> -<p>Look at it like this - if lots of different people made requests from -different Hotmail email addresses, then you would not think that Microsoft were -making vexatious requests. It is exactly the same if lots of requests are made -via <%= site_name %>. Moreover, since all requests are public it is much easier -for you to see if one of our users is making vexatious requests. </p> -<p>If that isn't enough for you, the -<a href="http://www.whatdotheyknow.com/request/1142/response/2894/attach/5/20080806100741260.pdf">letter from the ICO to Rother District Council</a> gives some guidance on the matter.</p> -</dd> - -<dt id="spam_problems">I can see a request on <%= site_name %>, but we never got it by email!<a href="#spam_problems">#</a> </dt> - -<dd><p>If a request appears on the site, then we have attempted to send it to -the authority by email. Any delivery failure messages will automatically -appear on the site. You can check the address we're using with the "View FOI -email address" link which appears on the page for the authority. <a -href="/help/contact">Contact us</a> if there is a better address we can -use.</p> -<p>Requests are sometimes not delivered because they are quietly removed by -"spam filters" in the IT department of the authority. Authorities can make -sure this doesn't happen by asking their IT departments to "whitelist" -any email from <strong>@<%= AlaveteliConfiguration::incoming_email_domain %></strong>. -If you <a href="/help/contact">ask us</a> we will resend any request, -and/or give technical details of delivery so an IT department can chase -up what happened to the message. -</p> -<p>Finally, you can respond to any request from your web browser, without -needing any email, using the "respond to request" link at the bottom of -each request page. -</dd> - -<dt id="days">How do you calculate the deadline shown on request pages?<a href="#days">#</a> </dt> - -<dd> -<p>The Freedom of Information Act says:</p> - -<blockquote><p>A public authority must comply with section 1(1) <strong>promptly</strong> and -in any event not later than the twentieth working day following the date of -receipt.</p></blockquote> - -<p>The nerdy detail of exactly how weekends are counted, and what happens if -the request arrives out of office hours, is just that - detail. What matters -here is that the law says authorities must respond <strong>promptly</strong>.</p> - -<p>If you've got a good reason why the request is going to take a while to -process, requesters find it really helpful if you can send a quick email with a -sentence or two saying what is happening. </p> - -<p>FOI officers often have to do a lot of <strong>hard work</strong> to answer -requests, and this is hidden from the public. We think it would help everyone -to have more of that complexity visible.</p> - -</dd> - -<dt id="days2">But really, how do you calculate the deadline?<a href="#days2">#</a> </dt> - -<dd> - -<p>Please read the answer to the previous question first. Legally, authorities -must respond <strong>promptly</strong> to FOI requests. If they fail to do that, -it is best if they show the hard work they are doing by explaining what is -taking the extra time to do. -</p> - -<p>That said, <%= site_name %> does show the maximum legal deadline -for response on each request. Here's how we calculate it.</p> - -<ul> - -<li>If the day we deliver the request by email is a working day, we count that -as "day zero", even if it was delivered late in the evening. Days end at -midnight. We then count the next working day as "day one", and so on up to -<strong>20 working days</strong>.</li> - -<li>If the day the request email was delivered was a non-working day, we count -the next working day as "day one". Delivery is delivery, even if it happened on -the weekend. Some authorities <a href="http://www.whatdotheyknow.com/request/policy_regarding_body_scans#incoming-1100">disagree with this</a>, our lawyer disagrees with them. </li> - -<li>Requesters are encouraged to mark when they have <strong>clarified</strong> -their request so the clock resets, but sometimes they get this wrong. If you -see a problem with a particular request, let us know and we'll fix it.</li> -</ul> - -<p>The date thus calculated is shown on requests with the text "By law, -Liverpool City Council should normally have responded by...". There is only -one case which is not normal, see the next question about -<a href="#public_interest_test">public interest test time extensions</a>. -</p> - -<p>Schools are also a special case, which <%= site_name %> displays differently. -</p> - -<ul> -<li>Since June 2009, <strong>schools</strong> have "20 working days -disregarding any working day which is not a school day, or 60 working days, -whichever is first" (<a href="http://www.opsi.gov.uk/si/si2009/draft/ukdsi_9780111477632_en_1">FOI (Time for Compliance with Request) Regulations 2009</a>). <%= site_name %> indicates on requests to schools that the 20 day deadline is only -during term time, and shows them as definitely overdue after 60 working days -</li> -</ul> - -<p>If you're getting really nerdy about all this, read the <a href="http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/timeforcompliance.pdf">detailed ICO guidance</a>. -Meanwhile, remember that the law says authorities must respond -<strong>promptly</strong>. That's really what matters.</p> - -</dd> - -<dt id="public_interest_test">How do you reflect time extensions for public interest tests?<a href="#public_interest_test">#</a> </dt> - -<dd> - -<p>The Freedom of Information Act lets authorities claim an indefinite time -extension when applying a <strong>public interest test</strong>. Information -Commissioner guidance says that it should only be used in "exceptionally -complex" cases -(<a href="http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/foi_good_practice_guidance_4.pdf">FOI Good Practice Guidance No. 4</a>). -<%= site_name %> doesn't specifically handle this case, which is why we use the -phrase "should normally have responded by" when the 20 working day time is -exceeded. -</p> -<p>The same guidance says that, even in exceptionally complex cases, no -Freedom of Information request should take more than <strong>40 working days</strong> -to answer. <%= site_name %> displays requests which are overdue by that much -with stronger wording to indicate they are definitely late. -</p> +<div id="left_column_flip" class="left_column_flip"> + <h1 id="officers"><%= @title %> <a href="#officers">#</a> </h1> + + <dl> + + <dt id="top">I just got here from bottom of an FOI request, what is going on? <a href="#top">#</a> </dt> + + <dd><p><%= site_name %> is a service run by a charity. It helps ordinary members + of the public make FOI requests, and easily track and share the responses.</p> + + <p>The FOI request you received was made by someone using <%= site_name %>. You can + simply reply to the request as you would any other request from an individual. + The only difference is that your response will be automatically published on + the Internet. + </p> + <p>If you have privacy or other concerns, please read the answers below. + You might also like to read the <a + href="<%= help_about_path %>">introduction to <%= site_name %></a> to find out more about what + the site does from the point of view of a user. You can also search the + site to find the authority that you work for, and view the status of + any requests made using the site. + + <p>Finally, we welcome comments and + thoughts from FOI officers, please <a href="<%= help_contact_path %>">get in touch</a>. + </p> + </dd> + + <dt id="responses">Why are you publishing responses to FOI requests? <a href="#responses">#</a> </dt> + + <dd>We think there are lots of benefits. Most importantly it will encourage the + public to be more interested and involved in the work of government. We + also hope that it will reduce the number of duplicate requests on any + subject that a public body will receive. Given that Freedom of Information + responses contain public information, which anybody could easily request + again from the public authority, we think there should be no reason not to + publish it widely. + </dd> + + <dt id="realpeople">Are the people making requests real people? <a href="#realpeople">#</a> </dt> + + <dd>Yes. For the purposes of keeping track of responses we use + computer-generated email addresses for each request. However, before + they can send a request, each user must register on the site with a + unique email address that we then verify. You can search this site and + find a page listing all requests that each person has made. + </dd> + + <dt id="email_only">An email isn't a sufficient address for an FOI request! <a href="#email_only">#</a> </dt> -<p>The Freedom of Information (Scotland) Act does not allow such a public -interest extension. <%= site_name %> would like to see the law changed to either -remove the extension from the UK Act, or to reintroduce an absolute time limit -of 40 working days even with the extension (the House of Lords <a -href="http://www.publicwhip.org.uk/division.php?date=2000-10-17&number=1&house=lords">voted -to remove</a> provision for such a time limit during the initial passage -of the UK Act through Parliament). -</p> -</dd> + <dd>Yes it is. In the UK, this + <a href="https://www.whatdotheyknow.com/request/1142/response/2894/attach/5/20080806100741260.pdf">letter from the ICO to Rother District Council</a> gives guidance on the matter, specifically + in the context of requests made via WhatDoTheyKnow, a similar site to <%= site_name %>. + </dd> + + <dt id="vexatious">Aren't you making lots of vexatious requests? <a href="#vexatious">#</a> </dt> + + <dd><p><%= site_name %> is not making any requests. We are sending requests on + behalf of our users, who are real people making the requests. </p> + <p>Look at it like this - if lots of different people made requests from + different Hotmail email addresses, then you would not think that Microsoft were + making vexatious requests. It is exactly the same if lots of requests are made + via <%= site_name %>. Moreover, since all requests are public it is much easier + for you to see if one of our users is making vexatious requests. </p> -<dt id="large_file">How can I send a large file, which won't go by email?<a href="#large_file">#</a> </dt> + </dd> -<dd>Instead of email, you can respond to a request directly from your web -browser, including uploading a file. To do this, choose "respond to request" at -the bottom of the request's page. <a href="/help/contact">Contact us</a> if it -is too big for even that (more than, say, 50Mb). -</dd> + <dt id="spam_problems">I can see a request on <%= site_name %>, but we never got it by email!<a href="#spam_problems">#</a> </dt> + + <dd><p>If a request appears on the site, then we have attempted to send it to + the authority by email. Any delivery failure messages will automatically + appear on the site. You can check the address we're using with the "View FOI + email address" link which appears on the page for the authority. <a + href="<%= help_contact_path %>">Contact us</a> if there is a better address we can + use.</p> + <p>Requests are sometimes not delivered because they are quietly removed by + "spam filters" in the IT department of the authority. Authorities can make + sure this doesn't happen by asking their IT departments to "whitelist" + any email from <strong>@<%= AlaveteliConfiguration::incoming_email_domain %></strong>. + If you <a href="<%= help_contact_path %>">ask us</a> we will resend any request, + and/or give technical details of delivery so an IT department can chase + up what happened to the message. + </p> + <p>Finally, you can respond to any request from your web browser, without + needing any email, using the "respond to request" link at the bottom of + each request page. + </p> + </dd> + + <dt id="days">How do you calculate the deadline shown on request pages?<a href="#days">#</a> </dt> -<dt id="names">Why do you publish the names of civil servants and the text of emails? <a href="#names">#</a> </dt> + <dd> + + <p>The Freedom of Information Act says:</p> + + <blockquote><p>A public authority must comply with section 1(1) <strong>promptly</strong> and + in any event not later than the twentieth working day following the date of + receipt.</p></blockquote> + + <p>The nerdy detail of exactly how weekends are counted, and what happens if + the request arrives out of office hours, is just that - detail. What matters + here is that the law says authorities must respond <strong>promptly</strong>.</p> + + <p>If you've got a good reason why the request is going to take a while to + process, requesters find it really helpful if you can send a quick email with a + sentence or two saying what is happening. </p> + + <p>FOI officers often have to do a lot of <strong>hard work</strong> to answer + requests, and this is hidden from the public. We think it would help everyone + to have more of that complexity visible.</p> + + </dd> + + <dt id="days2">But really, how do you calculate the deadline?<a href="#days2">#</a> </dt> + + <dd> + + <p>Please read the answer to the previous question first. Legally, authorities + must respond <strong>promptly</strong> to FOI requests. If they fail to do that, + it is best if they show the hard work they are doing by explaining what is + taking the extra time to do. + </p> -<dd>We consider what officers or servants do in the course of their employment -to be public information. We will only remove content in exceptional -circumstances, see our <a href="/help/privacy#takedown">take down policy</a>. -</dd> + <p>That said, <%= site_name %> does show the maximum legal deadline + for response on each request. Here's how we calculate it.</p> + + <ul> -<dt id="mobiles">Do you publish email addresses or mobile phone numbers? <a href="#mobiles">#</a> </dt> + <li>If the day we deliver the request by email is a working day, we count that + as "day zero", even if it was delivered late in the evening. Days end at + midnight. We then count the next working day as "day one", and so on up to + <strong><%= AlaveteliConfiguration::reply_late_after_days %> working days</strong>.</li> + + <li>If the day the request email was delivered was a non-working day, we count + the next working day as "day one". Delivery is delivery, even if it happened on + the weekend. Some authorities disagree with this, our lawyer disagrees with them. </li> -<dd><p>To prevent spam, we automatically remove most emails and some mobile numbers from -responses to requests. Please <a href="/help/contact">contact us</a> if we've -missed one. -For technical reasons we don't always remove them from attachments, such as certain PDFs.</p> -<p>If you need to know what an address was that we've removed, please <a - href="/help/contact">get in touch with us</a>. Occasionally, an email address -forms an important part of a response and we will post it up in an obscured -form in an annotation. -</dd> + <li>Requesters are encouraged to mark when they have <strong>clarified</strong> + their request so the clock resets, but sometimes they get this wrong. If you + see a problem with a particular request, let us know and we'll fix it.</li> + </ul> + + <p>The date thus calculated is shown on requests with the text "By law, + Liverpool City Council should normally have responded by...". + </p> -<dt id="copyright"><a name="commercial"></a>What is your policy on copyright of documents?<a href="#copyright">#</a> </dt> + </dd> -<dd>Our Freedom of Information law is "applicant blind", so anyone in the -world can request the same document and get a copy of it. + <dt id="large_file">How can I send a large file, which won't go by email?<a href="#large_file">#</a> </dt> -If you think our making a document available on the internet infringes your -copyright, you may <a href="/help/contact">contact us</a> and ask us -to take it down. However, to save tax payers' money by preventing duplicate -requests, and for good public relations, we'd advise you not to do that. -</dd> + <dd>Instead of email, you can respond to a request directly from your web + browser, including uploading a file. To do this, choose "respond to request" at + the bottom of the request's page. <a href="<%= help_contact_path %>">Contact us</a> if it + is too big for even that (more than, say, 50Mb). + </dd> -</dl> + <dt id="names">Why do you publish the names of civil servants and the text of emails? <a href="#names">#</a> </dt> + + <dd>We consider what officers or servants do in the course of their employment + to be public information. We will only remove content in exceptional + circumstances, see our <a href="<%= help_privacy_path(:anchor => 'takedown') %>">take down policy</a>. + </dd> + <dt id="mobiles">Do you publish email addresses or mobile phone numbers? <a href="#mobiles">#</a> </dt> -</dl> - -<p><strong>If you haven't already</strong>, read <a href="/help/about">the introduction</a> --> -<br><strong>Otherwise</strong>, the <a href="/help/credits">credits</a> or the <a href="/help/api">programmers API</a> --> + <dd><p>To prevent spam, we automatically remove most emails and some mobile numbers from + responses to requests. Please <a href="<%= help_contact_path %>">contact us</a> if we've + missed one. + For technical reasons we don't always remove them from attachments, such as certain PDFs.</p> + <p>If you need to know what an address was that we've removed, please <a + href="<%= help_contact_path %>">get in touch with us</a>. Occasionally, an email address + forms an important part of a response and we will post it up in an obscured + form in an annotation. + </dd> -<div id="hash_link_padding"></div> + <dt id="copyright"><a id="commercial"></a>What is your policy on copyright of documents?<a href="#copyright">#</a> </dt> + <dd>Our Freedom of Information law is "applicant blind", so anyone in the + world can request the same document and get a copy of it. -</div> + If you think our making a document available on the internet infringes your + copyright, you may <a href="<%= help_contact_path %>">contact us</a> and ask us + to take it down. However, to save tax payers' money by preventing duplicate + requests, and for good public relations, we'd advise you not to do that. + </dd> + + </dl> + + <p><strong>If you haven't already</strong>, read <a href="<%= help_about_path %>">the introduction</a> --> + <br><strong>Otherwise</strong>, the <a href="<%= help_credits_path %>">credits</a> or the <a href="<%= help_api_path %>">programmers API</a> --> + + <div id="hash_link_padding"></div> +</div>
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