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Oftel has now published a revised version of this document please click here to view it. Chapter 1 Introduction Chapter 2 How to access information held by Oftel Chapter 3 Classes of information which Oftel publishes or intends to publish Foreword from the Director General of TelecommunicationsOftel’s aim is to obtain the best deal for telecommunications consumers in quality, choice and value for money. The Freedom of Information Act 2000 ("the Act") establishes a general right of access to all types of recorded information held by public authorities. It sets out also exemptions from that right and places a number of obligations on public authorities. Oftel is a public authority for the purpose of the Act. This document sets out Oftel’s aims and the practical ways in which it plans to meet its new duties. This publication scheme is a working document, and will be reviewed and revised regularly. Like other public authorities, Oftel is also learning about how the new duties will affect it. Oftel is keen to work with other organisations to meet its aim and build on its achievements.
Finally, as Director General of Telecommunications, I would like to express my personal commitment to the aims, objectives and values set out in this scheme. I know that the dedication and determination of Oftel staff will help me to deliver this agenda, and I intend to provide the leadership and support they need to ensure success.
David Edmonds Director General of Telecommunications
Chapter 1Introduction1.1 The post of Director General of Telecommunications ("the Director") was created under the Telecommunications Act 1984 to regulate the newly privatised BT, to oversee the emerging telecommunications market in the UK and to create the conditions for competition. 1.2 The Office of Telecommunications (Oftel) is a non-ministerial government department which was created to support the Director in the performance of his duties and functions as the regulator for the telecommunications industry. 1.3 To find out more about Oftel and its work you can visit the Oftel website at www.oftel.gov.uk, phone Oftel’s Research and Information Unit on 020 7634 8761 or send an e-mail to infocent@oftel.gov.uk. A new future for communications
1.4 Four new EC Communications Directives ("the Directives") which entered into force on 24 April 2002 seek to further converge and harmonise communication regulation throughout the European Community. The Directives require the UK to change the way electronic communications networks and services are currently regulated from 25 July 2003. The Directives are: a) Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive); b) Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive); c) Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive); and d) Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive). 1.5 A new section has been added to Oftel's website to provide information on the Directives and Oftel's implementation plan. The relevant pages can be found at www.oftel.gov.uk/ind_info/eu_directives/index.htm 1.6 The new regime required by the Directives is intended to be implemented in the UK by the draft Communications Bill ("the Bill"), which was published jointly by the Departments for Trade and Industry and Culture, Media and Sport for consultation on 7 May 2002. A copy of the Bill and an update on its progress can be found at www.communicationsbill.gov.uk. 1.7 The Bill will give effect also to the Government’s proposals for the reform of the regulatory framework for the communications sector. The main provisions in the Bill include the transfer of functions to the Office of Communications (OFCOM) from the bodies and office holders which currently regulate the communications sector. As a result of the proposals Oftel will cease to exist in its current form and will be merged into OFCOM. The Freedom of Information Act 2000 1.8 The Act received Royal Assent on 30 November 2000. It establishes a general right of access to all types of recorded information held by public authorities. It sets out also exemptions from that right and places a number of obligations on public authorities. Oftel is a public authority for the purpose of the Act. Detailed information on the Act is available on the Information Commissioner’s Office ("the Commissioner") website www.dataprotection.gov.uk or by writing to: Information Commissioner’s Office Wycliffe House Enquiry/information line: 01625 545 745 1.9 Applicants will not be required to mention the Act when making a request for information. The request must however be in a permanent form, for instance in writing or by e-mail. Information must be provided where possible to the applicant in the manner requested. This may be in the form of a copy or summary, or the applicant may ask to inspect the record. 1.10 A response must in general be provided within 20 working days. A public authority may ask for further information which it reasonably requires in order to identify and locate the information requested. If a fee is required, the period of 20 working days is extendable by up to three months until the fee is paid. 1.11 The Act must be fully implemented by 30 November 2005. Under the Act, you will have the right of access from 1 January 2005. Publication scheme 1.12 Section 19(1) of the Act states that it is the duty of every public authority to: a) adopt and maintain a publication scheme and to have that scheme approved by the Commissioner; b) to publish its scheme; c) to publish information in accordance with its scheme; and d) from time to time, to review the scheme. 1.13 This document sets out Oftel’s publication scheme ("the Scheme") and, in particular, Oftel’s aims and the practical ways in which it plans to meet the new duties. 1.14 One of the requirements of the Scheme is that it identifies the ‘classes’ of information that Oftel will publish. The Scheme sets out: a) the classes of information which Oftel publishes or intends to publish; b) the manner in which information of each class is, or is intended to be, published; and c) whether the material is, or is intended to be, available free of charge or on payment. 1.15 Chapter 2 sets out how to access information held by Oftel. Chapter 3 sets out the classes of information which Oftel publishes or intends to publish. 1.16 The Scheme is intended to ensure that as much information held by Oftel is readily available to anyone wishing to see it. By adopting this approach the need for specific consideration of requests under the Act will be minimised. By readily available, we mean that the information is available on the Oftel website www.oftel.gov.uk (either directly or through a link), may be purchased from Her Majesty’s Stationery Office (HMSO), may be obtained from a public library or will be supplied by Oftel in accordance with the Act. 1.17 Whilst Oftel’s aim is to obtain the best deal for telecommunications consumers, Oftel recognises that its decision making must be transparent and robust, with high quality evidence. A great deal of Oftel’s work relies on commercially sensitive information provided by companies on a strictly confidential basis. Oftel will not therefore always be able to publish full details of information it collects. Oftel has a long tradition however of publishing as much information as possible, for instance in consultation documents, before it makes its decisions. It remains committed to making readily available as much information as possible to anyone wishing to see it. 1.18 Oftel has formed a project team to take forward its work in conformity with the requirements of the Act and as set out in the Scheme. The appointed contact at Oftel with day to day responsibility for the Scheme is: Anne Cameron Fax: 020 7634 8958 1.19 The project team reports quarterly to Oftel’s Internal Management Board. The Director has overall responsibility for the Scheme. 1.20 The Scheme was approved by the Commissioner on 18 November 2002. The approval has been granted for the period 30 November 2002 to 30 November 2006. We plan however to look at the Scheme annually to check it is up to date and if there is any additional information that we can add to the Scheme. As a result of the proposals referred to in paragraphs 1.4 to 1.7 inclusive, Oftel can only commit to a review of the Scheme whilst Oftel subsists.
Chapter 2How to access information held by Oftel
Publication of the scheme 2.1 This document can be viewed in the Publications section of Oftel’s website www.oftel.gov.uk, under classification About Oftel. Paper copies and more accessible formats such as large print, Braille, disc and audiocassette can be made available on request. The document is available in the Welsh language and other languages on request. Copies of the Scheme are available free of charge from: Research and Information
Unit Tel: 020 7634 8761 Access to the classes of information 2.2 Oftel is committed to publishing as much information as possible on its website www.oftel.gov.uk and in hard copy. Hard copy publications are available from: Research and Information
Unit Tel: 020 7634 8761 2.3 There is no commitment to publish information which has been held by Oftel for more than three years. Charges 2.4 Where a standing charge is applied for a publication, the charge will not exceed the maximum permitted by Treasury charging guidelines "Charges for information: When and how – Guidance for government departments and other crown bodies" ("the Guidelines"). The Guidelines can be viewed at www.hm-treasury.gov.uk/about/open_government/opengov_charging.cfm or are available in hard copy from: Open Government
Contact Public enquiries: 020 7270 4558 2.5 We indicate for each class of information in the Scheme whether a charge is likely to apply to information within the class. 2.6 Information is published free of charge on our website (there is no charge imposed by Oftel for accessing the site, although the user would have to meet any charges payable to their Internet service provider together with personal printing costs etc. For those without Internet access, a single printout as on the website would be available by post from: Research and Information
Unit Tel: 020 7634 8761 2.7 Requests however for multiple printouts or for archived copies of documents which are no longer available on the Oftel website may attract a charge for the cost of retrieval, photocopying and postage. We would inform you of this at the time of the enquiry and any charges applied would be payable in advance. The information asset register 2.8 The Information Asset Register ("IAR") is a catalogue of unpublished information resources that anyone with web access can search through its web interface inforoute www.inforoute.hmso.gov.uk/inforoute in order to identify: a) what information the Government (including Oftel) holds; b) how useful that information is; and c) a contact point to whom requests for the underlying information may be made. 2.9 Users do not need to know which department may be responsible for a particular subject. Using the inforoute search engine, they will be able to identify which department holds information on a particular subject, some explanations about that information, the format in which it is held and the contact details within the department. 2.10 Each government organisation is responsible for creating the records within its own departmental information asset register. All these separate organisations, collectively, form the IAR.
2.11 Further information on the role of IAR can be viewed on the HMSO website www.inforoute.hmso.gov.uk or from: Information Asset
Register 2.12 Oftel’s IAR custodian is Anne Cameron. She can be contacted by writing to: Anne Cameron Fax: 020 7634 8958 Code of practice on access to government information 2.13 Non-personal information held by Oftel which is not published under the Scheme may, until the access rights under the Act comes into force on 1 January 2005, be requested under the Code of Practice on Access to Government Information ("the Code") by contacting: Research and Information
Unit Tel: 020 7634 8761 2.14 The Code includes, subject to certain exemptions, five commitments to: a) supply facts and analysis with major policy decisions; b) open up internal guidelines about departments' dealings with the public; c) supply reasons with administrative decisions; d) provide information under the Citizen's Charter about public services, what they cost, targets, performance, complaints and redress; and e) respond to requests for information. 2.15 You may order printed copies of the Code by writing to: Freedom of Information
and Data Protection Unit 2.16 To find out more about the Code or to read the full text of the Code you can view the Lord Chancellor’s Department website www.lcd.gov.uk Requests for information under the Environmental Information Regulations 2.17 The Environmental Information Regulations ("the Regulations") require the release, on request, of a wide range of information, including all information on all aspects of the environment and any activities, measures, plans, policies, programmes or decisions likely to affect the environment. 2.18 If you wish to make a request for information under the Regulations, please contact: Neil Paterson Fax: 020 7634 8847 Requests for information under the Data Protection Act 1998 2.19 The Data Protection Act 1998 gives individuals a statutory right of access, subject to certain exemptions, to personal data held about them. The right of access relates to certain personal data. To find out more about the principles of data protection you can view the Commissioner’s website at www.dataprotection.gov.uk/principl.htm. Individuals are entitled to be informed by the data controller (Oftel) whether any personal data concerning them is held and if so they should: a) be given a description of the data in question; b) be told for what purposes the data are processed; and c) be told of the recipients or classes of recipients to whom the data are or may be disclosed. 2.20 The activity of an individual asking for personal data held about them is called a ‘subject access request’. Subject access requests are managed by: David Smith Fax: 020 7634 8771 Copyright 2.21 Oftel is a non-ministerial government department and our information is subject to Crown copyright administered by HMSO. If you want to re-use or reproduce our publications, which is for instance commercially or for circulation for educational purposes, you may need to apply for a copyright licence for this from HMSO. 2.22 Oftel complies with government policy that users are permitted to reproduce material from government documents featured on official departmental websites without formal licensing or charge except where expressly indicated on the website. Information from Oftel documents published on our website can be re-used free of charge providing it is reproduced accurately and sourced correctly. Where appropriate Oftel can ask to see how it will be used to give us some idea of where and how our information is being reproduced. 2.23 Material published in other formats and not available on Oftel’s website may be covered by the Click-Use Licence on HMSO’s website at www.clickanduse.hmso.uk unless Oftel has included in the publication a paragraph or text which states exactly how the material can be re-used.
2.24 For more information regarding copyright please contact Oftel’s Research and Information Unit by e-mail at copyright@oftel.gov.uk or write to: Research and Information
Unit 2.25 For HMSO Guidance notes on a range of copyright issues, see the HMSO website www.hmso.gov.uk/guides.htm or write to: Her Majesty's Stationery
Office Complaints and enquiries about Oftel’s publication scheme 2.26 If you have a complaint or enquiry about the Scheme you should:
Anne Cameron Fax: 020 7634
8958
Chapter 3Classes of information which Oftel publishes or intends to publish3.1 The Act sets out at sections 21 to 44 inclusive the exemptions from the general right of access to all types of recorded information. There are two general categories of exemption: a) those where, even though an exemption exists, a public authority has a duty to consider whether disclosure is required in the public interest (for instance information intended for future publication, investigations and proceedings, legal professional privilege and information provided by companies in confidence and which is commercially sensitive); and b) those where there is no duty to consider the public interest (for instance information accessible by other means and court records). 3.2 Oftel gives no commitment to publish information marked with an ‘*’ which predates 30 November 2002, the date the Scheme comes into force. 3.3 The classes of information which Oftel publishes or intends to publish consist of: Casework conducted by the Director 3.4 This class comprises information about the way in which the Director conducts casework investigations, including in particular the procedures adopted investigating behaviour under the Competition Act 1998 or the Telecommunications Act 1984. It consists of:
Corporate information 3.5 This class comprises information relating to the corporate objectives, management and performance of Oftel. It consists of:
Customers and markets 3.6 This class comprises the results of research conducted and data compiled by Oftel’s Customer and Markets Unit. A charge will apply to some of the information listed below except where the information is accessed on Oftel’s website. Charges for hard copies will be confirmed at the time of request. See paragraphs 2.4 to 2.7 inclusive for details regarding charges. It consists of:
Financial information 3.7 This class comprises information relating to Oftel’s finance and accounts unit. It consists of:
Miscellaneous office policies and procedures 3.8 This class of information comprises Oftel’s miscellaneous office policies and procedures. It consists of:
Personnel information 3.9 This class comprises information relating to Oftel’s human resources department. It consists of:
Policy development 3.10 This class comprises information relating to the process of policy development. A charge will apply to some of the information listed below except where the information is accessed on Oftel’s website. Charges for hard copies will be confirmed at the time of request. See paragraphs 2.4 to 2.7 inclusive for details regarding charges. It consists of:
Press Office 3.11 This class comprises information relating to Oftel’s Press Office. It consists of:
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