Freedom of Information (FOI):What’s it all about?

Sarah Holsen and Ben Worthy Research Fellows, The Constitution Unit, UCL

22 October 2007

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Outline of presentation

• What is FOI?

• Where is FOI?

• Who uses FOI?

• When should you use FOI?

• Why should there be FOI?

• What is good about FOI?

• What can go wrong with FOI?

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What is freedom of information?

• Legal definition: ‘access by individuals as a presumptive right to information held by public authorities’

• In plain language: ‘right to ask for information from the government without having to give a reason’

• Also known as: ‘access to information’, ‘right of access’, ‘right to know’

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Where is FOI?

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AlbaniaAngolaAntigua & BarbudaArgentinaArmeniaAustraliaAustriaAzerbaijanBelgiumBelizeBosnia andHerzegovinaBulgariaCanadaColombiaCroatiaCzech RepublicDenmark

SloveniaSouth AfricaSouth KoreaSpainSwedenSwitzerlandTajikistanThailandTrinidad &

TobagoTurkeyUgandaUkraineUnited KingdomUnited StatesUzbekistanZimbabwe

DominicanRepublicEcuadorEstoniaFinlandFranceGeorgiaGermanyGreeceHungaryIcelandIndiaIrelandIsraelItalyJamaicaJapanKosovoLatvia

LiechtensteinLithuaniaMacedoniaMexicoMoldovaMontenegroNetherlandsNew ZealandNorwayPakistanPanamaPeruPhilippinesPolandPortugalRomaniaSerbiaSlovakia

Where is FOI?

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Where is FOI?National Right to Information Laws, 1965 to 2004

0

5

10

15

20

25

30

35

40

45

50

55

60

1965 1968 1971 1974 1977 1980 1983 1986 1989 1992 1995 1998 2001 2004

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Where is FOI?

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Brief guide to the UK’s Freedom of Information Act 2000

• Passed by Parliament in November 2000; came fully into force on 1 January 2005• Applies to over 100,000 public authorities in England, Wales and Northern Ireland• Anyone may make a request in written form• Authorities are obligated to respond within 20 working days• Any of 23 exemptions can be applied• Complaints process includes 3 stages: internal review, Information Commissioner’s Office, and Information Tribunal

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Who uses FOI?

• Members of the public (‘private individuals’)

• Journalists

• Businesses / companies

• Academics / students

• Lawyers

• Campaign groups / lobbyists

• Government staff / Members of Parliament

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When should you use FOI?

When you need information about:

• Government policies / procedures

• Historical documents

• Costs / expenses

• Issues of local importance

• UFO sightings

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National UK media’s use of FOIA in 2005

Content / nature

of article

% of articles

Costs / Expenses 27%

Institutional rules, procedures and policies

27%

Performance measures

13%

Whimsical / Trivial

12%

Historical 12%

Content/nature of article

Costs / Expenses, 27%

Institutional rules, procedures and policies, 27%

Performance measures, 13%

Historical, 12%

Whimsical / Trivial, 12%

Health and safety warnings, 9%

Crime, 9%

Malpractice or impropriety, 8%

International relations, 5%

Domestic (UK) security matters,

2%

Contracts with government, 3%

Based on preliminary results of a study of national print media’s use of FOI in 2005 in the UK by the Constitution Unit, 2006.

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Stories that have appeared in UK news…

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…or not appeared in the UK news

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What FOI helps reveal…

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What FOI helps reveal…

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Why should there be FOI?

• ‘The eye of the public makes the statesman virtuous. The multitude of the audience multiplies for disintegrity the chances of detection.’ (Jeremy Bentham, 1785)

• ‘Information is the currency of Democracy.’ (Thomas Jefferson)

• ‘Open government is increasingly recognized as an essential ingredient for democratic governance.’(OECD, November 2005)

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Reasons for FOI laws (general)

• Anti-corruption

• Constitutional right

• Remedy past injustices through knowledge

• Overhaul of records management

• E-government

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Reasons for FOI law (UK)

• Increase the transparency of public authorities

• Make government more accountable

• Improve the quality of government decision-making

• Improve government efficiency and service delivery

• Increase public understanding of government decision-making

• Make public participation in the political process more effective

• Increase public trust and confidence in government

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Benefits of FOI for public authorities

Based on data taken from the report ‘Freedom of Information: One Year On’, Information Commissioner’s Office, January 2006. The report is the result of a survey of 500 public authorities in the UK in November 2005.

Perceived benefits of FOI for public authorities (Top 5 responses)

35%

27%

18% 17% 16%

0%

5%

10%

15%

20%

25%

30%

35%

40%

Openness /transparency

Better recordmanagement

Accountability Improvedrelationshipwith public

Improved publicaccess to

information

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Benefits of FOI for requesters

• Large amounts of information released in UK (over 245,000 requests made since 01/01/05), much of it important and useful to the public

• Media find the FOI Act a useful tool for gaining access to information

• Generally perceived increase in transparency and accountability

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Evidence of greater transparency in UK?

• In first 1.5 years of FOIA in the UK, the answer is yes, if only on a loosely substantiated basis

• “FOIA is beginning to shine light on areas of public life which some would have preferred to keep in darkness” – The Times (UK), 2005

• ICO study in 2006 has found that:– 72% of individuals have more confidence in public

authorities because of FOI (compared to 55% in spring 2005)

– 74% feel the FOIA helps to promote accountability and transparency in public authorities (compared to 50% in 2005)

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Difficulties encountered by public authorities

Based on data taken from the report ‘Freedom of Information: One Year On’, Information Commissioner’s Office, January 2006. The report is the result of a survey of 500 public authorities in the UK in November 2005.

Perceived disadvantages of FOI for organisations(Top 6 responses)

25%

10% 9%

22%

13%13%

0%

5%

10%

15%

20%

25%

30%

None / don'tknow

Time / timeconsuming

Workload Cost / nofunding fromGovernment

Administrativeburden /

bureaucracy

Resourceelement /resource

implications

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Costs of implementation

* Source: ‘Freedom of Information Act 2000: The first six months – The experience of local authorities in England’, The Constitution Unit, 30/09/05.

** Source: Presentation by Chief Inspector Paul Brooks of the Association of Chief Police Officers at FOI Live 2006, 25/05/06.

*** Source: ‘Freedom of Information – one year on (Written evidence)’, House of Commons Constitutional Affairs Committee, 2006.

• Average time and cost of FOI requests to local authorities: January – June 2005*

• The police sector estimates that they spent £7 million answering 21,525 FOI requests (£325 per request on average) in 2005. This is roughly equal to the annual salaries of 250 mid-level police officers.**

• BBC spent £867,000 preparing for implementation before 1 January 2005 and £500,000 on central FOI compliance costs in 2005***

  RequestsAverage hours

per requestAverage cost per

request (£25 / hour)Total cost over

six months

County, unitary and metropolitan councils; London boroughs 155 14.2 £355 £55,025

District councils 53 12.4 £310 £16,430

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Records management problems

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• Delays beyond 20-day statutory time limit and backlog of Information Commissioner cases

• Overly broad interpretation of exemptions and inability to balance the public interest

• Poor quality of responses and decision notices• Concern of mandatory fees being implemented or

current regime altered to increase fees• Lack of transparency in response and

coordination process

Problems encountered: the FOI requesters’ point of view

Source: ‘Freedom of Information – one year on (Written and oral evidence)’, House of Commons Constitutional Affairs Committee, 2006.

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Evidence of greater transparency in UK?

• “FOIA has begun to open doors – but is yet to be fully tested against those the government is determined to keep locked” – Maurice Frankel (The Independent, 31 December 2005)

• Threats to ‘power’ of Act:– Changes proposed:

• Fees regulations• Maclean Bill

– Delays:• Requests• Internal reviews• ICO decisions

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“George W. Bush and Richard B. Cheney have created the most secretive presidency of my lifetime. Their secrecy is far worse than during Watergate. . . Their secrecy is extreme -- not merely unjustified but obsessive.”

John Dean, April 2004

"Even before the 'new kind of war' in the Persian Gulf, secrecy in the George W. Bush administration was the greatest in any presidency in my lifetime. It has grown more since."

Haynes Johnson, October 2005

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UCL

RECORDS OFFICE

Freedom of Information Act

Request for Information Please complete this form as fully as possible, this will help us to provide you with the information that you are seeking. UCL Department:_____________________________________________ Date that Information refers to: ___________________________________________

Class of Information in Publication Scheme: ______________________ Details of Information required: Name and Contact Address of enquirer: ___________________________ ______________________________________________________________ _______________________________________________________________ Date Request made: ____________________________ ---------------------------------------------------------------------------------------------------------------------------------------------------- For Office Use: Date Request received: _____________________________ Date Acknowledged: _________________________________ Date Completed: __________________________________

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UCL

RECORDS OFFICE

DATA PROTECTION form 6

Request for Access to Data

I,_______________________________________________________ wish to have access to Personal Data that University College London has about me in the following categories: Academic marks or course work details Disciplinary records Health and Medical matters Political, religious or trade union information Personal details including name, address, date of birth etc. Other information, ( please specify) (Please tick as appropriate) I enclose the fee of £10:00 (cheque only, payable to University College London) Signed: Date: Name (Block Capitals) :__________________________________ Department/Institute:_____________________________________ (Block Capitals) Date of Birth:_______________________________________ Contact Address:

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Sources for future reference

• http://foia.blogspot.com/

• http://www.foi.gov.uk/

• http://www.ico.gov.uk/

• http://www.bbc.co.uk/blogs/opensecrets/

• http://www.freedomofinfo.org• http://www.cfoi.org.uk/

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THANK YOU

For further information:uctqcfl@ucl.ac.uk

or visit our website at

http://www.ucl.ac.uk/foidp/