The right to access official information is fundamental in a healthy and vibrant democracy. Freedom of Information (FOI) legislation is a vital tool in research, journalism, and in supporting citizens and groups to hold their public institutions to account. In the UK, the Freedom of Information Act has now been in operation for over 15 years. Campaigns against adding new restrictions to Freedom of Information are generally successful and reflect the fact that FOI has become part of the constitutional settlement — but at the same time positive changes are resisted.
The Freedom of Information Act is static while the ways in which public services are delivered are changing. The regulator’s FOI work is underfunded and as such there is more focus on the data protection duties within the regulator’s portfolio. The picture of change that comes out of central government statistics is not encouraging, and there is not the data available to understand if this is a broader trend. Freedom of Information is unlikely to be abolished, but there is a danger of it sliding into obsolescence. Over time new classes of public body may never be covered by the Act, more public services are likely to be delivered by private sector organisations, and the legal rights that exist are less able to be enforced by an under-resourced regulator.
Devolution has led to a diversity of approaches where different parts of the Union can learn from useful decisions made in others. In our new paper, we take advantage of the existing (and potential for future) devolution of Freedom of Information legislation to suggest changes that learn from good examples in different systems. This has led to four sets of recommendations, based on transferring practice from one UK-based system to another:
Improving statistical knowledge of how FOI works in the UK – The Office of the Scottish Information Commissioner has built a comprehensive and invaluable picture of the functioning of FOI in Scotland by collecting statistics on how requests were received and processed by authorities. In the UK, this coverage is limited to central government and a rarely followed requirement that larger authorities publish their own statistics. The majority of FOI requests made to public authorities in the UK are not covered by public statistics, making the regulator (and the interested public) blind to trends over time, and less able to understand whether FOI is functioning well or not. We recommend the Information Commissioner’s Office (ICO) act as the host of a central repository.
Separating the Information and Data Protection components of the Information Commissioner – The UK’s Information Commissioner has two major roles: data protection and access to information. The first of these roles has always been larger, but its scope and importance has only increased over time. Separating the access to information function and transferring oversight and funding from a government department to Parliament would help solidify the role’s independence and set it up to deal with both current and future challenges.
Improving the operation of FOI and EIR across the UK – Taking examples of different approaches in the UK and Scotland, we recommend both regimes should adopt best practice from the other. This includes differences in philosophy around the strength of exemptions and extension to private operators, but also different practical approaches such as clearer rules on time scales, administrative silence, and harmonising rules on fees for FOI and EIR.
Exploring new paths for Welsh Freedom of Information – Currently the Welsh Parliament/Senedd has the ability to diverge in a similar respect to Scotland and set up a different system that applies to Welsh public authorities. We explore the implications of this and recommend a mini-divergence, where the Senedd legislates to give the Welsh Government the ability to add private organisations executing a Welsh public function to coverage of the Act.
You can find more information in the full report.
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WhatDoTheyKnow is kept up and running by a dedicated team of volunteers. Do you have the time or skills required to help? If you think you might like to lend a hand, read on to see what they do on a daily basis, as well as some examples of desired site improvements.
One of the volunteers’ many tasks is to maintain what we believe to be the largest existing database of public bodies in the UK (38,362 of them…and counting).
This requires quite a bit of time and effort to keep up to date: email addresses change; bodies merge, get new names or just cease to exist.
The turnover of the financial year always brings an extra slew of required changes; presumably many bodies like to use this date for a nice neat cut-off in their records. So, to give a snapshot of the sort of admin work the volunteers undertake, let’s take a look at every task April 1 brought the team this year.
Thirteen new authorities were added. Some of them are so new that they haven’t yet had any FOI requests made through the site. Perhaps you’ll be the first?
- The Hampshire and Isle of Wight Fire and Rescue Service was formed through the merger of two existing services.
- 39 NHS Clinical Commissioning Groups became defunct, and nine new bodies were added:
- NHS North West London Clinical Commissioning Group
- NHS Kirklees Clinical Commissioning Group
- NHS Coventry and Warwickshire Clinical Commissioning Group
- NHS Black Country and West Birmingham Clinical Commissioning Group
- NHS Shropshire, Telford and Wrekin Clinical Commissioning Group
- NHS North East London Clinical Commissioning Group
- NHS Frimley Clinical Commissioning Group
- NHS Hampshire, Southampton and Isle of Wight Clinical Commissioning Group
- NHS Bedfordshire, Luton and Milton Keynes Clinical Commissioning Group
- We also marked 2 NHS Trusts as defunct and added one successor: the University Hospitals Sussex NHS Foundation Trust.
- We’ve added the new UK Health Security Agency, which has been set up to work on public health threats, combining elements of Public Health England with NHS Test and Trace and the Joint Biosecurity Centre.
- All district, borough and county councils in Northamptonshire (eight in total) were abolished on 1 April to be replaced by two new unitary authorities:
When we add a new body that replaces an existing one, we also make sure that no-one can make requests to the now-defunct authority — while at the same time, requests made to it in the past, along with any responses, are still available to view, and requests in progress can still be followed up.
We also set up page redirects to the new body, and replicate all of the metadata that helps WhatDoTheyKnow’s system work behind the scenes. It might be a bit of a faff but it’s worth the effort to keep things running smoothly.
Many thanks to volunteer Martyn for completing the lion’s share of the work listed above.
How you can help
If you know of any other changes that haven’t been reflected on the site, please do let us know.
If this post has reminded you how much you enjoy admin, consider joining the team! We always need more volunteers to help us run the site, keep the database up to date, deal with requests to remove material, and support our users. Find out more here.
There are some specific tasks that are top of our wish-list, too:
- We’d love to do some intensive work on our list of parish level councils to make it comprehensive — this could mean a few people working systematically through a list, or several checking how well their local area is represented on WhatDoTheyKnow. Local democracy matters, more so than ever, and transparency is important for bringing happenings to light (as events in Handforth have recently reminded us!).
- We have ambitions to organise our bodies geographically, showing bodies which operate in particular areas, or showing maps of the areas covered by bodies. See this ticket for a discussion of some of the possibilities which we haven’t had the resource to completely finesse.
mySociety has experience in mapping UK governmental areas, but we’re yet to integrate that expertise into WhatDoTheyKnow — do you have the required coding skills to make it happen?
- We’d like to do more organising of the bodies by their function too, helping guide users to the appropriate body fo their request.
If you have skills in web-scraping, spreadsheet wrangling, database maintenance or other relevant areas and think you can help us — please let us know!
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Image: Anastasia Zhenina
People making FOI requests are sometimes accused of embarking on a ‘fishing expedition’ — looking for news stories without a clear idea of what they will dredge up — but a recent request on WhatDoTheyKnow asked for something very specific.
“Could you state”, it asked, “the number of passports issued to British fish since Brexit proper began on 1st Jan 2021?”.
This request was not as fishy as it might at first appear: it was based on a statement in Parliament. On 14 January, commenting on Brexit and its impact on the fishing industry, Leader of the House Jacob Rees-Mogg said:
“The key is that we have our fish back: they are now British fish, and they are better and happier fish for it.”
Ordinarily, we discourage what might be seen as frivolous use of FOI via our site, but as it happens this request was processed by the authority without complaint. They replied in a straightfaced manner:
“Her Majesty’s Passport Office does not hold the information which you have requested. Animal classification is not captured as part of the passport application process.”
While this might not have been exemplary use of our service, citizens have the right to make requests that clarify puzzling statements from our elected representatives, or to simply highlight that they are incomprehensible.
One of the team says, “It’s understandable that the public might ponder, ‘what did he really mean?’ It could be something of a floccinaucinihilipilification, but it might also relate to a ‘catch certificate’, or one of the many other new items of bureaucracy that have appeared in recent months.”
Another WhatDoTheyKnow team member added, “My reading of that response is that the Government aren’t sure that everyone with a British passport is actually human… and some proportion might well in fact be fish.”
We, however, think that’s something of a red herring, and we’d advise that anyone seriously wanting to surface information about piscine issues might have more luck sending a request to DEFRA, CEFAS, or the Animal and Plant Health Agency.
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Image: Fredrik Öhlander
One of the great joys of working on Alaveteli is that we also get to meet and collaborate with all kinds of organisations around the world who care about transparency, helping them set up their own Freedom of Information websites on our open source codebase.
One such project is MaDada, the French FOI site which launched in the autumn of 2019, helping citizens navigate the bureaucracy around submitting a request for information. The name is a pun: ‘dada’ being a kids’ word for horse — hence their equine logo.
Thanks to ongoing support from the Adessium fund, we’ve recently equipped MaDada with the ‘Pro’ add-on that allows journalists and other professional users of FOI to access specialised tools.
We took the opportunity to speak with Laurent Savaete and Eda Nano from the Ma Dada team, to learn more about how the site has been received by the French populace and what the hopes are for this new Pro functionality (or ‘Plus Plus‘ as they’re calling it over there).
FOI in France
But first, we wanted to know more about the background of FOI in France. The Alaveteli community consists of so many organisations pursuing the same types of aims, but always against different cultural backgrounds, and there’s always an opportunity to learn from one another’s experiences. Eda and Laurent filled us in:
“The French FOI law is one of the oldest around — it dates back as far as 1978. It’s often referred to as the CADA law, based on the ‘Commission d’Accès aux Documents Administratifs’ which is the official institution in charge of overseeing how administrations comply with it. One good thing is that in both 2016 and 2018 the law was reinforced to require all documents to be released as open data, in open standards and easy-to-use formats.
“But unfortunately the right to information is not so strong here in France. For example, CADA doesn’t have a power of mandate. When an administration fails to respond to a request, CADA’s decisions are no more than advisory opinions, though they can be crucial if you want to take the administration to court for lack of response.
“Not everyone’s able or ready to take administrations to court, though. I mean, it’s not that the process is difficult, but it’s far more complex than filing an FOI request via MaDada.
“Also, while anyone can ask for documents, and the service is always free, we can only request documents that already exist and ‘do not require too much work from the authority’. There is of course no clear definition of ‘too much work’, but it’s often used as a reason to reject a request, along with the exemptions around matters of defence and official secrets which are too easily brandished in response to requests.”
Wait, ‘of course’ there’s no definition — did we hear that correctly? Apparently so:
“The exact wording of the French law is that a request must only be fulfilled if it ‘does not require so much work that it could impede the officer or the administration from doing their main work’.”
We were astonished to hear this — here in the UK, we have the same exemption, but it comes complete with an upper cost, which can also be expressed as hours of work, which must be undertaken before the authority can refuse the request due to ‘exceeding the appropriate limit’. We’ve also got a bunch of other exemptions! But at least they are all clearly defined.
Plan for an Open Government
When it comes to other problems with FOI, there’s a story that’s familiar to many in the Alaveteli network:
“The key problem in France is the gap between the law, and how the law is actually applied or enforced. Incentives for public officers tend to push against transparency: nobody will get in trouble for ignoring a request for documents, but they could if they disclose documents which shouldn’t have been published. So erring on the side of safety means less transparency.
“More and more, journalists and activists have been pointing out the complete lack of FOI responses or the overrun in delays from administrations in providing a legally required response.”
“Transparency and open data are clearly becoming cool!”
On the other hand, something’s in the air: “What we’ve seen in recent years and especially months, is that after the mid 2020 elections, municipalities started appointing deputies on transparency matters. For example in Marseilles, we now have a Representative for Transparency and Open Data for the town.
“France signed up for the Open Government Partnership initiative in 2014, but its first action plan in 2018-20? Frankly the results were not spectacular at all: it was more words than action.
“Last month, the Government launched a second two-year ‘Plan for an Open Government’: this one’s set to run until 2023. They said it will be better, with more money to serve it, more concrete actions, more collaborations with citizens. And they’ve asked MaDada to give feedback and tell them what we’d like to see realised in the next few years.
“So transparency and open data are clearly becoming cool. But at the moment it’s too young to be judged. The words are there and we need to see concrete actions. Let’s hope that things really will change drastically towards openness and transparency and that that we do not only have words to rely on.”
That’s all very interesting and helps us understand the background details. Now, into this mix a new FOI site for the general public appeared 18 months ago. So how has MaDada been received?
“When we launched in October 2019, the French FOI law was quite an unknown topic for the public at large, and the need for transparency and open data were still, somehow, something only discussed internally.
“In our first year of existence we had something like 200 requests (see MaDada’s blog posts about their first year online – in French).
“We are now at 800 public requests. So numbers picked up pace: something’s happened recently.
“It’s not just that the platform recently improved — with better user support and the addition of the Pro feature: we can also see that the topics of open data and transparency are becoming more and more popular. Several activists and organisations have been campaigning around these matters, sometimes via MaDada. The public is more and more aware of our existence and of their ability as citizens to actively participate.
“We list 50,509 public authorities (I think France has the world record here). A lot of our support time is used up trying to keep the email addresses for these authorities up to date. And that’s tricky: there’s not much proactive updating from the authorities themselves, we’re constantly having to ask them for new addresses. We hope that the Project for an Open Government will make this easier for us.
“As of today we’ve reached 955 requests, of which 794 are public — the rest are still embargoed. Out of those, just 126 have been successful so far. That’s very low: many authorities in France just ignore the law, and sit on incoming requests until the one month time limit to reply is over. We’re at around a 15% success rate, which is probably not too bad in the average French context. We’re obviously hoping to work to improve this!
“We’ve just seen an incredible growth in the number of users and requests in the past five months: more or less an exponential growth, which is pretty exciting! We hope this trend continues.”
And as for the addition of Pro, allowing for the MaDada++ service? We were interested to hear the organisation’s experiences and hopes around this add-on.
“The public is more and more aware of our existence and of their ability as citizens to actively participate.”
“The Madada++ feature is working so well: it’s been attracting journalists mostly, as well as data scientists and activists. The biggest appeal is the batch requests, and also the temporarily embargoed requests, allowing them to keep their news stories exclusive, or giving them time to analyse data before publishing.
“We’re happy to see that despite this ability, they still follow our advice to publish data as soon as they can.
“Since the MaDada++ feature went live, we’ve clearly seen more in-depth analysis and journals publishing reports on data obtained through it. We hope to see more coming in the next months.”
What’s France asking for?
Finally, we were curious about the type of information that’s been released on MaDada. Anything of interest here?
“Well, recently, as you might expect, there have been a lot of requests related to COVID-19: data around the analysis of COVID in sewage water; about the circulation of COVID variants in France; metrics showing the usage of our national COVID app.
“Let us also mention the publication of a report on poverty and conditions in accessing minimum social aid in France by the Secours Catholique and Aequitaz organisations: this report used responses to batch requests made via MaDada++.
“And another journalist, who uses MaDada extensively, just published a report on the fees of deputies, pointing out the lack of and need for transparency — that the French law already requires!
“Also, we’re very proud to begin our collaboration with La Quadrature Du Net, the French organisation defending digital fundamental liberties, who are intensively using MaDada for their legal analysis and for their Technopolice campaign that reveals the encroaching police surveillance powers.”
And on that last note, there’s the proof of the assertion we made at the top of this post: that the international community of Alaveteli users have so much in common. Privacy International have been looking into exactly this same issue, as we covered in a blog post.
We want to thank MaDada so much for sharing their experiences in deploying and running the Alaveteli codebase and offering the people of France an easier route to accessing information. While we’re all unable to travel, we can still have these useful and interesting discussions. May their project go from strength to strength.
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Along with several other transparency organisations, we’ve cosigned a letter from Open Government Network, adding our voice to the message of concern at the UK government’s failure to meet its own targets as laid out in the National Action Plan for Open Government — and calling for it to get back on track before the next Action Plan is released in September.
The UK was one of the founding members of the Open Government Partnership, an international coalition launched in 2011 with a commitment for participating governments to work with civil society groups and the public towards ‘ambitious and radical’ improvements in transparency, accountability and democracy. Yet the organisation has now placed the UK under review for poor outcomes in open government.
The National Action Plans (NAPs) are the mechanism by which targets are set — supposedly in consultation with participating NGOs — on a cyclical basis; these are then assessed independently through mid- and end-term reports.
Clearly the aims and vision underpinning the OGP are very much in line with mySociety’s own missions and values, and we were commissioned last year to author the end-term design report to check how effective, and inclusive, the 2019-2021 NAP has been.
It was this report which brought to light just where, and to what degree, the government has fallen short of the required standards for public involvement, failing to liaise and take on board recommendations from civil society — and which has led to the OGP adding the UK to its watch list, putting us alongside eight other countries including Greece, Israel and Malawi.
Consultation and co-design of the UK Action Plan with civil society, a prerequisite of the mechanism, has been lacking: for example well-evidenced suggestions for improvements to Freedom of Information have been unacknowledged and unadopted. As the government heads towards the next Action Plan, due for September, there are no signs of improved engagement.
The letter asks the UK government to commit to four points to put it back on track as a leading partner in the network, including a review of previous unmet commitments to see why they were not met and whether they can be included in the new NAP. The letter also appeals for a timely publication of the next NAP, before which urgent meetings with civil society stakeholders need to be held, and the actions that arise from them implemented.
The current NAP expires in September 2021, and we, along with our civil society colleagues, implore the UK government to commit to speedy and meaningful engagement on developing high quality and effective open governance. This is especially vital for civil society and the public as a whole to be sufficiently informed to hold our government to account, now more than ever, as we recover from the COVID-19 pandemic, and development as an isolated trading entity outside of the EU.
Image: Timo Wielink
Here are a few stories that were in the news recently. They have two things in common — see if you can you guess what they are:
- Money laundering fears as universities accept £52m in cash (Times)
- Almost 1,000 UK homeless deaths recorded in 2020 (ITV)
- Covid bike and walking schemes do not delay ambulances, trusts say (Guardian)
- Councils fail to pay £1.3bn of emergency Covid business grants (Times)
- Covid-19: NHS trusts deny restricting PPE during pandemic (BMJ)
- Half of London boroughs found using Chinese surveillance tech linked to Uighur abuses (Japan Times)
If you’ve been keeping up with mySociety’s posts, it’s probably no surprise that the first thing these stories have in common is that they are all based on Freedom of Information requests — in fact, multiple requests made across many bodies.
We often mention how useful Freedom of Information can be in helping campaigns, journalists or individuals to gather information from a variety of sources, to create a dataset that didn’t exist in one place before.
Naturally we are all in favour of such stories — but we think the organisations and media behind these requests are missing an extra trick, and that’s the second thing they have in common.
In every case, it seems the journalist or organisation has submitted their requests, and gathered the data, then written the story — and that’s the end of it. That data is hidden away, and no-one else can access it to verify the story, dig further or to find more interesting leads.
Journalists understandably gather information for their stories in private so that they aren’t ‘scooped’: this is one factor that led us to develop WhatDoTheyKnow Pro, which allows users to embargo requests and responses until their story has been published. But, once it has, the tool features strong encouragements to put the underlying data live, so that everyone can access it.
After all, at this stage there is often little benefit to the journalist from keeping the data all to themselves — and lots of potential public good from putting it out in the open. This is also a great way of providing extra credibility for a news item, showing that the facts back it up.
Here are those stories again, together with details of the requests that informed them:
- University money laundering fears: The Times surveyed multiple British universities to break this front-page story.
- Homeless deaths: The Museum of Homelessness put in over 300 FOI requests to gain one part of the information backing up their Dying Homeless project.
- Bike and walking schemes not delaying ambulances The charity Cycling UK asked 10 ambulance trusts for their data.
- Councils fail to pay grants 400 FOI requests were issued by the Event Supplier and Services Association to local authorities across England.
- NHS trusts deny restricting PPE: The BMJ sent Freedom of Information requests to 130 acute, community, integrated, and ambulance trusts.
- London boroughs using Chinese surveillance tech FOI requests were submitted to all 32 London councils and the next 20 largest UK city councils.
If you’re a journalist or campaigner yourself, we’d like to suggest that you consider making your data public next time you use FOI like this. Do it via WhatDoTheyKnow Pro, or, if you prefer, do it elsewhere: naturally, the choice is yours, though it’s worth noting that data on WhatDoTheyKnow is easy for people to find, thanks to our excellent search engine positions.
Pro also has other features that aid journalists in their investigations, including the ability to send batch requests to multiple authorities.
With our citations tool, you can even link directly to your story, giving it a boost in visibility that is also accelerated by our good standing with Google et al (or other users can link to it in an annotation).
On the other hand, if you’re just an interested citizen who would love to know more about one or more of those news stories, don’t forget that you could use WhatDoTheyKnow to request the same information, and it will then be public for all to see.
For example, if the homelessness or the PPE story is of interest to you, you could make an FOI request to your own council or NHS Trust to get the local picture. Once you have the facts, you might take informed action on them: perhaps lobbying your local representatives for change, or contacting the local media if there’s a story to be told.
And, to help us in our attempts to get more journalists thinking about opening up their data, you could keep your eyes open for stories like these in the future.
If you see one, perhaps give the writer a friendly nudge to publish their data. After all, they’re using transparency to get their scoop — why not also practice transparency for the good of all?
Artificial Intelligence, innovative use of data and the arms industry – now there’s a bunch of areas you’d want oversight on. And yet, a high-profile new government research agency appears to have been absolved from the obligations of public scrutiny before it even begins work.
News broke this week that the treasury has authorised £800 million of funding over the next four years for the Advanced Research and Invention Agency (ARIA). This research agency was originally conceived by Dominic Cummings, and, according to the 2019 Conservative manifesto, will be producing “high-risk, high-payoff research, at arm’s length from government”.
More explicitly, The Guardian sees the agency very much working in the area of defence, while also noting that many technologies developed in this area have gone on to benefit society more widely. The BBC says ARIA has been inspired by US agency DARPA, which is “credited with funding the development of the internet and GPS”.
All well and good, perhaps, until you see the government’s assertion that “the new body is being set up so it can take fast, agile decisions without bureaucracy.”
Judging by multiple press reports and a comment from Ed Milliband, although the agency is to be funded by taxpayers’ money it will be exempt from Freedom of Information law. While we very much hope this is not the case, this aspect has been reported by several sources.
FOI is explicitly for the purpose of allowing citizens to demand transparency from the institutions which we fund. The Times, reporting this story, also takes a moment to remind readers that it, along with other major news outlets — not to mention organisations including mySociety — is calling for urgent action on declining levels of governmental transparency, and we can see from the ICO’s many notices to Whitehall departments that the current administration are not complying with their obligations.
Our friends at the Campaign for FOI point out that DARPA, the blueprint for ARIA, is in fact subject to the US FOI Act, so removing those obligations would be something that has been built in as part of ARIA’s conception:
This new taxpayer funded body must not be exempt from #FOI. The Act has an exemption to protect commercial interests. The US agency, DARPA, on which it is modelled is subject to FOIA. So ministers have no basis for claiming FOI would give rivals an unfair competitive advantage. https://t.co/Ch4Spnp91S
— Campaign for Freedom of Information (@CampaignFoI) February 17, 2021
Additionally, the WhatDoTheyKnow team point out that any authority wholly owned by the public sector is subject to FOI unless specific provision is made to exclude it — and so, dodging the obligations of the Act would require either setting up an opaque operating structure for that purpose, or a new exemption to be passed into law under the FoIA.
Meanwhile, our FOI site WhatDoTheyKnow does list authorities that are not subject to FOI if there is a good argument that they should be. If indeed it is officially exempted from the Act, we will also take this route with ARIA, just as soon as it formally comes into being.
EDIT: The official government press release is now here, and includes the statement: “Central to the agency will be its ability to deliver funding to the UK’s most pioneering researchers flexibly and at speed, in a way that best supports their work and avoids unnecessary bureaucracy.”
Image: Kevin Ku
Info Pro Vsechny (IPV) is the Freedom of Information site for the Czech Republic, run on our Alaveteli software.
Czech civil movement Million Moments for Democracy (Milion Chvilek Pro Demokracii) is currently using the platform to run a campaign, making for an interesting example of how such groups can leverage FOI sites to mobilise support, and to encourage citizens to engage in the democratic process.
Million Moments approached IPV, who were able to advise on the best way to allow their supporters to get involved, as the FOI site’s team explained when we chatted to them recently.
But first, to make sure we understood the context, we had a quick read of the Wikipedia page on the Czech Republic’s Prime Minister Andrej Babiš. It’s fair to say that Babiš is a contentious figure, as demonstrated by no fewer than eight entries in the ‘controversies’ section of that page.
Conflict of interest
Top of the agenda today, though, is a scandal currently under investigation by the European Commission. Babiš was instrumental in decisions to award EU grants to the massive Agrofert conglomerate, a holding company with over 250 subsidiaries across forestry, farming, food, construction and logistics industries, among others.
In doing so, he breached EU legislation. Why? Because he just happens to be the previous CEO of Agrofert.
While Babiš’ shares were subsequently transferred to a trust fund, as IPV told us, the European Commission has ruled that there is still a case to be answered: “They stated that the main fund beneficiary is still Babiš and the conflict of interest has not been resolved. And while they’ve asked the Czech government to act upon their recommendation, things are moving very slowly.”
This was the impetus behind Million Moments FOI campaign, which is currently encouraging their followers to use IPV to ask pertinent questions about this conflict of interest, and to potentially dig up others.
“They want to ensure that the Czech authorities are asking the right questions on behalf of the country’s citizens, rather than sweeping it under the carpet,” explain IPV. “So they’re encouraging people to ask all the institutions and semi-owned-state companies to what extent they deal with companies in the Agrofert holding.
“More questions, more people engaged, more institutions involved — it all puts greater pressure on the Prime Minister and owner of Agrofert.
“And one never knows, we might learn further things about how the state institutions co-operate with Agrofert companies.”
Providing a platform for a campaign
Million Moments provide example texts of the kind of requests their followers could make, pre-written on Google Docs, together with instructions on how to use IPV.
“For example the state still owns a majority share in the globally famous Budvar brewery (brewers of Czech Budweiser, the real original according to many patent law victories around the world!)”
A site for everyone
At mySociety, our charitable status means that we must remain resolutely non-partisan, providing tools for anyone and everyone to use. This doesn’t mean that our partner organisations abroad have to stick to the same principles, though — they will be led by their country’s laws and their own funding structures.
Nonetheless we were interested to ask IPV whether it was a concern for them to be working with a campaign that has a clear political agenda.
They say, “We discussed at some length with Million Moments that the platform should only be seen as a technical facilitator of the campaign. As individuals we might or might not support their goals — but that is irrelevant, really. As an organisation, we’re only interested in providing a clear path for anyone who wants to use FOI to uncover information.
“That comes with some responsibilities. In particular we were concerned that the same few authorities would not be flooded with requests with exactly the same wording, which could incite the dangerous criticism that the platform facilitates spamming or politically motivated harassment.
“We initially suggested the possibility that one “master question” could be put to each authority, and all the other followers could just sign up to follow the requests. However, Million Moments wanted to let people feel they were actively participating, so the compromise is that some examples are offered as suggestions for questions, but in the end individuals decide for themselves.”
A swell in users
The campaign started with a mailout to Million Moments’ 400,000 followers, and this alone has brought a great result for IPV, a site which was operating with a fairly small userbase. When we spoke to them, it had been live for six days.
“We’ve already got over 400 new users”, they say, “which means we’ve increased our total userbase by nearly 25%, and many of these will likely use the site in the future as they are obviously active citizens. Between them, they look to have placed around 200 questions already.
“We’ll be looking to use this campaign as a platform to build up interest from journalists, who are one of the categories of people who can really benefit from using FOI.
“The Million Moments campaign has definitely given us some momentum! The next burst of interest will probably come when we see how the questions are answered…or not.
“But we have to be pleased with such an increase in our userbase in the space of a single week, especially as we’d expect many of these people to return.
“They are the type of citizens we believe the site is made for.”
We share IPV’s interest in this campaign, and will watch with interest to find out how it develops, and what it might uncover. Thanks to the team for keeping us informed — we always love to hear stories from our many Alaveteli partners about how their sites are making change.
Image: Anthony Delanoix
Open Democracy’s recent Art of Darkness report highlighted the worsening state of Freedom of Information request-handling in central government, with concerns over a gravely dwindling response rate, stonewalled responses and a disregard for the ‘applicant blind’ principle.
In combination, these deficiencies have served to erode government transparency at a time when scrutiny is vital. That’s we’ve signed Open Democracy’s open letter calling for an urgent investigation.
In The Art of Darkness, report write Lucas Amin states, “Central government granted fewer and rejected more FOI requests in 2019 than ever before, according to official statistics collected by the Cabinet Office. The percentage of requests granted in full has declined every year since 2010 – from a high of 62% in 2010 to 44% in 2019. The percentage of requests withheld in full has steadily increased from 21% in 2010 to 35% in 2019.”
The report also notes the the government’s increased use of a central ‘clearing house’ through which sensitive requests must be passed. Open Democracy have uncovered evidence that, contrary to the FOI Act’s principle of ‘applicant blindness’ (ie, information is accessible to all, with no consideration of who is making the request), this clearing house, which has been functioning since 2007, is in the practice of identifying which requests are made by journalists and exercising increased caution in their handling.
With this report also picking up many fundamental procedural errors in the way in which requests are being handled, it seems particularly timely that at mySociety we’re working on a tool to help request-makers to understand the reasons for refused requests and guide them in seeking an internal review as part of wider updates within our own WhatDoTheyKnow service.
But perhaps more importantly: as an organisation that campaigns for transparency from our authorities, and works closely with journalists, we recognise the danger of such practices going unquestioned.
That’s why we’ve added our voice to those of the many editors, journalists, campaigners and citizens who call for an inquiry. You can do the same here.
Image: Gianluca D’Intino
Here at mySociety, before pressing ‘post’, we sometimes pass the wording of a tweet or blog entry past a couple of colleagues, just to make sure it strikes the right tone.
So when we saw emails from the Department of Health and Social Care (DHSC) and the Cabinet Office’s ‘Rapid Response unit’ going back and forth to get the wording of a tweet absolutely correct, we sympathised.
“The quote would need to be shrunk down to fit, what should the main focus be?”
“Have added some bits, not sure what the highlighted section was meant to be?”
“[Redacted] wants us to delete the tweet for relationship management purposes and replace with the below.”
“I’ll check at this end, but isn’t doing that just going to reignite?”
“It could potentially reignite it, yes. But the Mail Online did not approach us for a comment and their headline is very misleading so feel we should rebut with less confrontational language.”
“But you can’t replace a tweet? You can only delete and then go back on the original article with a new comment, so you’re rebutting twice, only the second time around admitting that you went too hard first time? Which just creates another story. Isn’t it better to just leave it?”
Admittedly the DHSC’s predicament was higher stakes than ours generally is — they were responding to a piece in the Mail Online and tackling disinformation about coronavirus statistics. The email that kicks off all this discussion reads:
“Flagging growing engagement with a Daily Mail article claiming that Covid-19 statistics around fatalities and hospitalisation have been twisted to create fear among the public (6.6k interactions).
“Although not very high engagement, the article has now been picked up by several high profile lockdown sceptics such as Simon Dolan and Adam Books.
“Given these damaging claims could affect compliance, we recommend that the press office contact the Daily Mail to make them aware of the public health impact, and if possible, include a government line in the article.”
For those who work in communications, and perhaps everyone else too, it is quite interesting to see the authority’s rebuttal process roll into action, with each statement requiring sign-off by a named person, presumably for accountability purposes (these names have, though, been redacted before release).
Available thanks to FOI
How did we come to see these internal memos? Because a WhatDoTheyKnow user requested them under the Freedom of Information Act.
We can’t know this user’s intent*: were they hoping to reveal evidence that there is indeed a governmental coverup over lockdown, or perhaps to argue the case that there is none? Either way, it seems pretty clear from the released email threads that if there is a conspiracy at play, the staff frantically scrambling to get the right message out to the public don’t know about it.
This request is also notable because the user, spotting that the authority had not provided everything they had asked for, requested an internal review, as is anyone’s right if they believe their FOI request has not been handled correctly.
To DHSC’s credit, they did go on to provide the missing data, and also went out of their way to give some background information “outside of the scope of the FOI Act, and on a discretionary basis”.
It’s worth noting that, for all the effort put in by DHSC’s communications team, however, Mail Online does not appear to have amended the article.
FOI as fact-checker
As we’re in the midst of a fast-changing pandemic situation, it’s perhaps inevitable that there’s lots of misinformation and confusion flying around at the moment — and thanks to social media, it spreads fast.
Freedom of Information requests can play one small part in countering ‘fake news’, by bringing background information into the public domain, helping us understand the full picture a bit better.
Is it always useful for such data to be public? That’s a matter for debate, and a question that is baked into the ICO’s FOI guidance for authorities.
We’ve been doing some in-depth work around exemptions recently, so it is interesting to see COVID-related requests like this one about ill-effects of vaccines in the light of Section 22 exemptions, which cover ‘information intended for future publication and research information’. We suspect a Section 22 exemption may be applied here.
That request is for Adverse Drug Reaction (ADR) data, and includes the instruction, ‘This information should be made available now as raw data, not held back to be accompanied by any analysis.’
Would that be desirable, or is the release of raw data just opening the door wide for potential misinterpretation and the drawing of erroneous conclusions?
When applying a Section 22 exemption, the ICO says that the authority must perform a public interest test to assess whether there is more public good in releasing the requested information than there would be in withholding it.
Their guidance specifically notes that “In most instances public authorities will not be able to argue that information is too technical, complex or misleading to disclose, or that it may be misunderstood or is incomplete, because they can explain it or set it into context.”
And so, the ideal scenario is that the data is released, with robust explanations and in a way that can be understood by all. That would be a great outcome made possible by FOI**.
* UPDATE: The request-maker has now added an annotation which explains their intent.
** UPDATE: Vaccine adverse reaction data is available, with context, on the GOV.uk website.
Image: Garry Butterfield