Conference Report

Aubrey Bodden

Research Officer, FOI Unit

FOI Live Programme

Recent Developments in the US The Voice of the Requestor Ministry of Justice Keynote Complaints and Appeals to the ICO and IT Reflections from Scotland for Practitioners Information Rights Interactive Key Lessons and How to Act on Them Richard Thomas Valedictory

Growth and Maturation of FOI Legislation World-Wide

There are now 75+ countries with FOI laws and many others working towards enactment

FOI legislation across the globe has grown and matured significantly over the years

New governments in the US and Australia have promised to strengthen their regimes

Freedom of Information – UK Experience & Current Trends

UK ICO has shown that there is improved transparency & accountability and a better relationship between state and citizen Knowledge of activities of public authorities and

confidence in government have gone up Public understanding has reduced impropriety

and corruption in government Contestable principles and boundaries inherent in

FOI have come to a productive balance

Freedom of Information – UK Experience & Current Trends ctd. UK has also seen a rough few months and

political fallout as a result of FOI requests Cabinet minutes on legality of War in Iraq

First use of the Executive Veto PM just announced absolute exemption for all

Cabinet Papers and Royal Communications MP Expenses “train wreck” is still unfolding

The “Scandal” Effect

Scandals are dramatically successful in getting acute attention of the public and Government

May be painful, but greater

long-term value as a deterrent Front page news stories

encourage public participation! Public opinion can be

galvanised by information

International Observations – Developing Trust in the Government

When government agencies consistently release information this builds trust There must be a balance in the public interest

Responses should give reasons for exemptions

Understanding of accountability to the public Even if the disclosure shows wrong-doing!

Officials are trying to do a good job Government will be honest with the public Admitting mistakes leads to correction/improvement

“Minister apologises for police insect injuries” – The Guardian

Not one single police officer had actually been injured by any of the protestors

Medics reported injuries such as: Toothaches Diarrhoea Cut fingers “Possible bee stings"

International Observations – Encouraging a Culture of Openness

Government should work toward presuming disclosure except in limited circumstances Custodian of information, not the owner

Exemptions do not necessarily need to be employed just because they apply or could possibly apply to the records requested

International Observations – Encouraging a Culture of Openness ctd.

FOI needs to be closely monitored in order to catch shortfalls and move to correct them More incentive to do better if statistics published

Government should work toward greater openness by providing explanations during the decision making process, not afterwards

International Problems – Common Pitfalls in Implementation

Timelines, timelines, timelines! You have 30 days, but don’t need to use them all

Overly legalistic approach or interpretation Practitioners making FOI overly-complicated

Keep it simple, don’t give yourself more work Approach FOI and its duties with common sense

Understanding what is a valid FOI request Lack of resources, support and senior buy-in

Can there be Misuse and Abuse of FOI by Applicants?

Is it an abuse of the principles of FOI to use the law for one’s own commercial gain or other advantage? No legal basis for discrimination of intentions

UK public authorities seem to be concerned about the “stupid” use of the FOI Act that wastes their time Reporters digging for anything to make a story of FOI used as a veil for complaints Individuals regularly making numerous similar requests Refusal of request as vexatious seen only a last resort

Hopes for “Better” Requestors, and How You Can Help

Public education and awareness about the aims and intentions of FOI will go a long way

Good working relationship between Information Managers & applicants

Separate the request from the requestor – your decisions require no prejudice Approach this job as “customer service”

International Experience – Requirements for Success

Communication, communication, communicationCommunication, communication, communication

Good administration and good resourcesGood administration and good resources

Compact hierarchy and delegated powersCompact hierarchy and delegated powers

Interested and engaged citizens who use this right Interested and engaged citizens who use this right properly and to good effect properly and to good effect

International Experience – Requirements for Success ctd.

Increased transparency through proactive release of information and effective publication schemes Embrace technology and utilise guidance issued

Close monitoring to catch inefficiencies and poor practice, and actually moving to correct them Incentive to do better when statistics published Chronic maladministration and bad behaviour may

need to be addressed by the ICO

International Experience – Requirements for Success ctd.

Quick and thorough responses to and active participation in internal reviews and appeals Work closely with the ICO during appeals process

High public and regulatory expectations Timelines being met and good communication Consistent disclosure of non-exempt information Good, clear explanations for everything

Remember…

Freedom of Information means nothing unless it engages the public and they use it to good effect.

“The surprise is no longer the nature and extent of disclosure. What is astonishing is how much was previously kept secret.”

– Outgoing UK Information Commissioner

Thank you!

Any questions?