The Freedom of Information Code of Practice is a set of guidelines for the public authorities that are liable to respond to requests for information under the FOI Act. It advises these bodies on how to adhere to the law and what counts as best practice.
The Cabinet Office recently ran a consultation on proposed revisions to the Code of Practice. Since this Code directly relates to the activities of the website WhatDoTheyKnow, and the services it provides for our users, we put in a response, which you can view here.
The response was submitted under the joint names of WhatDoTheyKnow, our FOI codebase project Alaveteli, and mySociety itself, having been worked on by the WhatDoTheyKnow volunteer team, those working on the Alaveteli project, and mySociety’s researchers. Between them there is a substantial amount of experience and knowledge on FOI in the UK: much of our response is based on our experience in helping users to obtain information from public bodies.
Indeed, our response commented on points which we felt particularly affect our users; among other issues, we responded on:
- Timeliness of responses, including the introduction of time limits for internal review and public interest test extensions, and the importance of prompt responses to requests which inform current public debate.
- The use of pseudonyms by those making requests: what counts as a pseudonym; whether this should be one of the indications that can be used to label a request as vexatious, and whether authorities might, at their own discretion, process a request even if pseudonymous.
- Proactive publication, including the point that routine publishing of data may be more efficient and cheaper than responding to individual repeated requests. One suggestion is that every Freedom of Information request should prompt a consideration by the public body of whether the kind of information requested could practically be routinely published.
- The application of fees to a request: the desirability of pointing out that most FOI requests do not incur a charge and that the requester will never be charged without notice. People can be deterred by the prospect of fees, and bodies’ responses often contain worrying notices about them in their emails and on Freedom of Information web-pages, when in reality they are rarely applied.
- The means of communication: that requests made by email, unless the requester specifies otherwise, should be taken as a preference for a response by email; the ease of making FOI requests; and the ease of using data in the format provided in any response.
We replied on several other points too, including the status of the Code of Practice itself. It was issued in 2004, and has not been updated since, and in fact it’s not a document that we use regularly when we’re advising users or corresponding with public bodies about the application of Freedom of Information law.
The high quality guidance which we, and our users, do use on a day-to-day basis comes from the Information Commissioner, so we suggested the Government consider whether, and if so how, the Code of Practice could incorporate, or endorse that documentation.
One other important point is that the Code of Practice constitutes guidance rather than law, so any welcome shifts in policy that it endorses should ideally be reflected in the law too.
As a case in point, while the Freedom of Information Act has always covered information “held on behalf” of a public body, the proposed Code of Practice sought to make information held by contractors working for public bodies more accessible in practice: we welcome this but we do caution that issuing a new Code of Practice is not a substitute for amending the law, if that’s what’s required.
If you are interested, do read our submitted document in full.