A forthcoming tribunal will examine the blocking of FOI requests that have been placed by people living outside the UK.
To those at mySociety and WhatDoTheyKnow, the matter is quite simple: the UK’s Freedom of Information Act was written explicitly to allow “any person” to request information from a public body. There’s no restriction to say that the requester must be a UK citizen.
A phrase often used is that the FOI process must be ‘applicant blind’. An authority doesn’t have the right to refuse information because of what it knows about the requester. That applies to nationality as much as to any other characteristic.
We vehemently defend this principle, not least because we have seen first hand that important investigations can result from cross-border collaborations — right now, we’re working to support journalists across Europe working on several stories that cannot be confined to one territory.
Associates across the international FOI network are proof positive that this kind of collaboration is invaluable in getting to the truth. Last year, Arne Semsrott of German FOI site FragDenStaat told us of a project they are running in tandem with Spain-based AccessInfo, to find out more about the treatment of migrants in many countries.
“You can file FOI requests for Frontex documents anywhere in Europe”, he said, “so we’re asking in different countries for ‘serious incident’ reports: these will tell you of human rights violations”.
If each country insisted that its information was only accessible to its own citizens, there would be significantly less opportunity to uncover such cross-border instances of mistreatment, not to mention stories of corruption, malpractice, misspending and cronyism. And as we know, such phenomena are unlikely to respect jurisdictional boundaries.
For a view from closer to home, we can consult a member of the experienced WhatDoTheyKnow volunteer team. Richard Taylor comments, “If UK FOI requests were restricted to British citizens or to those living in the UK, that could, depending on how it was implemented, seriously impact our ability to provide WhatDoTheyKnow’s service.
“Providing proof of nationality or residence would be a significant additional hurdle for people making requests, and for us in managing them.”
We question why there is a need for a tribunal to examine a point of the Act that is already quite clear — and, since there is to be one, call upon them to make a judgement that adheres to the letter, and spirit, of this country’s information law.
Image: Max Böhme