Questionnaires & FOI

The University often receives questionnaires and surveys from various sources including outside organisations and students.  So whether  these are “caught” by the FOI legislation is of obvious interest to the University and its employees.

Should an enquirer wish to conduct a telephone questionnaire/survey, members of staff are under no obligation to participate.  However, if the questionnaire is received in a recorded format e.g. on paper or in an email, and includes the enquirer’s full name and an email or other address for correspondence, the University is obliged to regard the questions being asked in terms of the Freedom of Information (Scotland) Act 2002 [FOISA]. 

The key points to remember are as follows:

• Where the University holds the information requested in the questionnaire, it must be provided to the applicant within the statutory timescale of 20 working days from receipt.

• FOI does not require the University to answer questions which ask for an opinion, view or comment (e.g. consultation questionnaires).

• If you are uncomfortable about answering a particular question or feel some information should not be divulged, please contact the FOI Office (see details below) who can advise if an exemption under FOISA might apply.

• If the University does not hold the information requested or it is already publically available elsewhere (e.g. on the University website), exemptions under Section 17: Information not held, or Section 25: Information otherwise accessible, could apply.  Please see the following link for template wording for refusing requests for information on those grounds: http://www.gla.ac.uk/services/dpfoioffice/policiesandprocedures/foisa-templateresponses/

• If supplying the requested information would necessitate analysing or interpreting existing information held by the University to create new information, this would be outwith the scope of FOI and there is no requirement to provide this information.  If in doubt please contact the FOI Office.

• If it is anticipated that answering any individual question on the questionnaire/survey would take an excessive amount of time (i.e. more than 7 hours), contact the FOI Office who can advise whether a fees notice should be issued to the applicant.

The following guidance was provided by the UK Information Commissioner in relation to another case involving questionnaires:

“The issue is not whether the correspondence is in the form of a questionnaire, but what is being requested in the questionnaire. Questions which ask whether a public authority holds information or which relate to information it holds would constitute a valid FOI request, as long as the questionnaire was in writing and had a name and address. (There is no requirement to mention the FOI Act.) Other questions, such as asking the public authority for its views on an issue, would not constitute a valid FOI request.”
(http://www.ico.gov.uk/upload/documents/foi_request_responses/response_foi_4201.pdf)

For further advice contact:
Data Protection & Freedom of Information Office
Tel: +44 (0)141 330 2523
Email: foi@gla.ac.uk