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.

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Image: Max Böhme

We’re very pleased to say that we’ve been awarded funding by the Joseph Rowntree Charitable Trust to extend the Freedom of Information services we offer through WhatDoTheyKnow and WhatDoTheyKnow Pro.

This work will support users in taking the next steps, if appropriate, when their requests for information are denied.

A bit of background

In the last few years, there has been a significant and sustained decline in FOI requests being granted by the UK government.

According to the Institute for Government, the proportion of refused FOI requests reached a record level in the third quarter of 2019, with departments refusing to comply in full with more than half of all FOI requests that they received. This compares to around 40% in 2010 and around 30% in 2005.

And yet, our research found that, when challenged, a large proportion of refusals were overturned, suggesting that the fault did not lie with the type of request being made. 22% of internal reviews resulted in the full or partial release of information, and a further 22% of appeals to the ICO led to all or some of the information being released.

For local authorities, up to half of internal reviews – and just over half of all ICO appeals – led to the release of all or some of the information requested. In Scotland, with its own FOI regime, 64% of appeals to the Information Commissioner resulted in the full or partial release of information.

And so, while acknowledging that some refusals are certainly legitimate, there is a clear case for challenging such responses. But to do so is daunting, especially for novice requesters who can understandably be discouraged by an official response citing exemptions in legalese.

Our plan

This new funding will allow us to approach the issue from four different, but interlinked directions, each intended to inform and support users in challenging government refusals of FOI requests.

• When a WhatDoTheyKnow user confirms that they’ve received a refusal, we’ll be integrating context-sensitive advice. This will inform the user of their right to appeal, give clear guidance on how to assess whether the authority has complied with the law, and also advise on other channels, beside FOI, by which information may be obtained.
• We’ll automatically identify which exemption has been cited in the refusal, giving us the ability to help users better understand why their request has been turned down.
• Based on this finding, we’ll offer context-specific advice for the exemption identified. For example, if the request has been turned down because of cost, we’ll show how to reframe it to fall below the ‘appropriate limit’.
• Finally, once the user has been fully informed, we’ll offer the support they need to escalate the request to an appeal.

Ultimately we hope that this work will help reset the balance on the public’s right to access information, better enabling citizens, journalists and civil society to effectively scrutinise and hold authorities to account.

As always, we’ll also be thinking hard about how to make all of this apply more universally, across the various legislatures that apply in jurisdictions where people are running sites on the Alaveteli platform.

If this interests you, watch this space. We’ll be sure to update when we’ve made some progress on the project.

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Image: Tim Mossholder

We’re delighted to announce that we’ve received funding from the Swedish Postcode Foundation that will help us extend our work on Freedom of Information in Europe.

The Foundation uses proceeds from the country’s lottery sales to help fund projects that support democracy and freedom of speech, as one of three areas where they believe they can help bring about long term positive change to the world.

The connection is particularly apt, as it was in Sweden that the world’s first FOI law was passed in 1766. From that beginning grew a worldwide good: since then, access to information has been recognised as a fundamental right by the European Court of Human Rights, and has been adopted in countries around the globe.

Matched up

In May 2019 we received funding from Adessium Foundation for a three-year project to increase access to online FOI tools across Europe. The ultimate aim is to enable journalists, campaigners and citizens in Europe to make greater and more effective use of their right to access information; and in particular to generate public interest stories and campaigns that will hold power to account.

Now this new match funding will allow us to dig further and build better within the main elements of the project, which are:

• To help partners to launch new FOI sites in the Netherlands, France (already completed) and another jurisdiction (coming soon).
• To upgrade existing sites to include the Alaveteli Pro functionality: AskTheEU already has this and five others will gain it shortly. By 2022 there’ll be 13 Alaveteli sites in Europe, 10 of which will have Pro.
• To improve the Alaveteli Pro software with new features that’ll make it a more powerful tool for investigations and campaigns (so far we’ve worked on exporting data from batch requests and enabling users to add links to news stories).
• To support journalist and campaigning organisations to use Alaveteli tools as part of their investigations (such as Privacy International’s use of FOI in their investigation into surveillance technologies used by police in the UK).
• To monitor government compliance with FOI, especially in the wake of the coronavirus pandemic.

Get involved

Now we can spread the goodness even further, so we’re planning to run some online training/learning activities around using Alaveteli tools as part of an investigation or campaign. If your work would benefit from this, and you live in an EU country with an Alaveteli Pro site, do get in touch.

We’re also keen to partner with membership-based news or campaign organisations to run more pilot projects using our new Projects feature. If you have a project that could benefit from contributors helping to extract and analyse data from FOI responses, let us know.

And finally: we’ll soon be starting to gather data about FOI compliance in different EU countries. If this is something that could benefit your work, register your interest and we’ll keep you posted.

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Image: Jonathan Brinkhorst 

While the UK begins the process of trying to return to some kind of normality after lockdown, full access to information must also be restored.

Back in April, we put out a blog post examining the state of Freedom of Information during the covid-19 crisis, looking at the UK and more broadly across the world. State-sanctioned delays were seen almost universally.

While we understood the difficulties faced by authorities redeploying staff members to the frontline, we said then that the right to information was perhaps more vital than ever. In times of national crisis, transparency is crucial both for retaining trust in our leaders and for keeping check on their activities.

WhatDoTheyKnow users have been asking pertinent questions about the pandemic, from requests for data on the number of cases in prisons and care homes, to the basis on which decisions about the national response strategy have been made. Potential students want to know about universities’ plans for the coming year; citizens are asking about measures put in place by their councils to encourage social distancing. And meanwhile, of course, requests for non-coronavirus-related topics are equally pressing: who’s keeping an eye on Brexit, or making sure the climate crisis doesn’t slip off the agenda for example?

The state of play

We’ve been linking to that initial post from the top of WhatDoTheyKnow, so that people making requests could get some background to the delays they might be experiencing.

But since then the global situation has moved on, and so have some aspects of FOI provision. At the time of writing:

• The Information Commissioner’s Office (ICO) is still stating that they “will not be penalising public authorities for prioritising other areas or adapting their usual approach during this extraordinary period.” Therefore, UK public authorities may still delay their requests without penalty. Read more on the ICO website.
• The Scottish Information Commissioner had previously introduced overseen a change that permitted [see below for clarification] a longer period in which authorities might respond to requests, but on 27 May a reversal came into effect and the period returned to its standard 20-day deadline. However, there is still an acknowledgement that the pandemic, and indeed their own previous relaxation of the required timescales, may have a knock on effect to requests made before that date. See full details here.

This does raise the question as to when the ICO foresees a return to business as usual. Of course, each authority will have its own experiences and challenges, with varying reasons for maintaining or removing an expectation of delayed responses. But they are guided by the regulator, and while the ICO continues to excuse lengthened response times, authorities may not hurry to do any different.

UPDATE: A representative from the Scottish Commissioner’s Office contacted us with the following clarification:

The changes in timescales under the FOI (Scotland) Act came about because the Scottish Parliament passed emergency legislation to change the timescales – they were not introduced by the Commissioner. Our position prior to the change in the law was set out in a statement we issued, and our comments, including concerns raised, on the legislation when it was introduced can be read here.

We’ve also sought to emphasise the importance of the duty to respond promptly, even during the period when the deadlines were extended, as set out in our guidance for requesting information during the pandemic. We think it’s important that requesters know their rights, and the right to a prompt response (not just one within 20/60 working days) is something that has remained consistent for FOI users throughout the pandemic.

Time to restore oversight

It’s unquestionably a time of great uncertainty for us all, with many returning to some semblance of normality while still unsure whether the much anticipated second peak is on the horizon. But given a national policy of this staged return, should the ICO not, like its Scottish counterpart, be encouraging authorities to do the same?

One compelling reason is hinted at by the Scottish Commissioner’s own caveat: that the longer the deadlines are allowed to extend, the more of a backlog will build up, causing further delays down the line.

We’d encourage authorities everywhere to re-examine any laxity they may have introduced at the start of lockdown, and to continue to do so regularly: is it still genuinely necessary now that staff may have been moved back from the covid-19 frontline?

And we’d urge them to treat the need for a timely, efficient FOI service as one of the top priorities during this uncertain period.

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Image: Andrea Piacquadio

If you were putting in a claim for benefits, challenging an accusation in court or phoning in sick to your employer, would you expect your local authority to be checking your social media presence?

How do you think a stranger might assess you as a parent, were they to skim over any public posts on your Facebook page? If you’ve been on a protest recently, would you be comfortable knowing that your local council was combing through any photos you’ve shared?

A Freedom of Information investigation by Privacy International, using WhatDoTheyKnow Pro, has discovered that a significant number of local authorities — 62.5% of those responding to their FOI requests — habitually monitor citizens’ Facebook or other social media profiles to gather intelligence.

What’s more, the majority have no policy in place or measurement of how often and to what extent these investigations occur.

If this concerns you, the first thing you should do is check that your social media privacy controls are up to date. Then you might like to go and read Privacy International’s full report, as well as checking how (or whether) your own local authority has responded to their requests for information.

And finally, you can join Privacy International’s call for stronger guidelines from the Investigatory Powers Commissioner.

Just… maybe think twice about putting it in a public Facebook post?

We’re only joking, of course. Or half joking.

Issues like this need to be shared far and wide. But as Privacy International point out, there are already sobering instances from abroad of threats to those following anti-government accounts. With so many completely unexpected changes to the status quo recently, can we say for certain that it could never happen here?

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Image: John Schnobrich

 

Investigative journalism platform The Ferret has just launched an online training course on using Freedom of Information — and all trainees get a free subscription to our WhatDoTheyKnow Pro service for professional users of FOI.

Based in Edinburgh, the Ferret is a community journalism initiative that describes itself as ‘for Scotland and beyond’. Since 2012 its members’ investigations have rooted out the truth around local, national and international issues including coronavirus, Brexit, dark money —  and much more. They’re a co-operative, so supporters become part-owners. If they want to, they can also access the resources and training to pursue their own stories.

And now, the Ferret’s online Freedom of Information course shares everything the founders know about the use of FOI for tracking down facts. This resource would be useful for anyone wanting to know the ins and outs of the act and how to use it, not just for journalism but potentially for campaigning or research purposes too. And it’s not just restricted to the use of FOI in Scotland: you’ll learn everything you need to know to use FOI across the UK… and beyond.

The course costs £30, but six months’ WhatDoTheyKnow Pro usage is bundled in. Since that’s worth £60 on its own, you’re ahead before you even begin.

We’re big fans of the Ferret at mySociety, and we have every confidence that this course will be a springboard for a new generation of great investigative journalists. If you think you might like to be one of them, then why not give it a try? More details here, and in this Twitter thread.

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Image: ConvertKit

Freedom of Information was one tool used in a coordinated campaign to prevent a council from selling off a large part of its property portfolio — including many social housing homes.

Councils, strapped for cash during austerity, have been looking for other ways to raise revenue. As we saw from The Bureau Local’s sold from under you investigation, that has often meant selling off public land and property.

But that can only be done once — the asset, and the benefits from it, are then gone. And when the properties in question are homes, there’s a significant human cost too.

The Stop Haringey Development Vehicle campaign (SHDV) successfully prevented a property deal that would have brought about the demolition of some of the borough’s biggest housing estates so that the land could be redeveloped for enormous profits.

The role WhatDoTheyKnow played was invaluable in terms of us seeking and often finding a wide variety of data to inform our campaigning, publicity and political pressure.

It was a campaign that gained press attention and community support. It went as far as court, with substantial legal costs covered through crowdfunding.

Hilary Adams told us how SHDV used our Freedom of Information site WhatDoTheyKnow, not just to send FOI requests but also to comb through the requests that were already published on the site to see what previously-released information might be useful.

Haringey’s plan

Back in 2017 Haringey council planned to set up what is known as a Joint Venture Vehicle — basically, a business arrangement between a number of parties — with Lendlease, an Australian multinational property developer.

Hilary tells us, “The deal was widely advertised as having the potential future value of £2 billion. Half the property would have been given to Lendlease, everything to be owned 50/50. The company was not expected to pay, but rather would have borrowed money to use to develop the land, then sell many of the new properties.

“The first part of this plan would have included the transfer of Northumberland Park Housing Estate, one of the largest in Haringey, along with many other smaller estates and individual social housing properties.

“Those properties would have been demolished and replaced with largely private housing with reduced tenancy protections for any remaining social housing tenants.”

But the council had not foreseen the degree to which the community would fight for their homes, and for the right to be included in major decisions that affected their borough.

Community reactions

Before the HDV I had never submitted an FOI request before — WhatDoTheyKnow made it really easy.

Hilary says, “This was a broad-based opposition, both from members of political parties and many other local individuals in the community.

“We feared, with good reason, that much of the social housing would be lost in this process. The sale would have, on day one, included the whole of the Commercial Portfolio of the council which amounted to a value of many millions. It also included the majority of council offices and other properties.

“The second part of the plan would have included Broadwater Farm estate, another very large social housing estate, with a view to demolition and redevelopment with mostly private housing.”

As well as the potential loss of countless homes, with no promise of rehousing within the borough, the plan was being implemented with very little scrutiny.

The councils’ assessment reports were not publicly shared — and the only consultation held was an informal survey at a fun day, asking whether people supported ‘better quality housing’. Of course, most said yes!

FOI as a campaign tool

One of Hilary’s contributions to the campaign was in the assessment of information released through existing FOI requests, and in the putting in of new requests to fill the data gaps.

“I attended a meeting where a local councillor spoke about the plans for the HDV.  She had recently been elected and was horrified by what she had discovered.

“Once the campaign had started up, it was this same councillor that suggested I should use your site to coordinate the questions we might need to ask. I became the lead on this part of the campaign, although it was not my only area of work.”

How FOI helped  

“The role WhatDoTheyKnow played was invaluable in terms of us seeking and often finding a wide variety of data to inform our campaigning, publicity and political pressure.

An FOI response can help focus on a key set of facts from a sea of too much detail.

“I took responsibility for collating information that was already on your site and pertinent to us, and also for working out what further questions remained that we might need to ask.

“We had a team issuing the requests, and I kept track of all the responses. That information was all collated and summarised by me and several reports compiled for use with both our media contacts and for our legal challenge.

“Without your excellent site this task would have been virtually impossible.  As I am sure you can imagine, even with the site it was a gigantic task and I spent more hours of my life than I would have liked reading some of the most boring and irrelevant responses!”

At this point, we must nod towards our WhatDoTheyKnow Pro service, which was in development at the time — but which would definitely help any future campaign with the donkey work of a mass FOI project.

What was uncovered

Hilary continues: “With diligence some gems of information came to light, some of which was already in the public domain — that often feels like it is hidden in plain sight and so our questions led to documents we otherwise might not have thought to consider.

“One element which came up repeatedly, and which helped to sway public opinion was the regularity with which meetings were held, yet no records were kept.

“I eventually collated all of these together, showing a pattern that led us to believe there was a degree of secrecy at play. Public money and resources were being disposed of yet much of the supposedly transparent decision making was anything but.

“Another influential element revealed via FOI was that the property developers were meeting regularly with not only key council officials, but other significant public bodies. These meetings were officially consultative, yet clearly the minutes showed them making important decisions as to how Tottenham should be redeveloped. No representatives of local residents or small and medium local business had any equivalent access to the public authorities in this way with all the direct and indirect influence implied.

“And while councillors were verbally assuring the community that social housing was protected, in reality the paperwork showed commitment only to 31% affordable homes — a very different concept to actual social housing at council rents, which were not secured in the plan. In Haringey there were something like 10,000 on the waiting list, and we could find no evidence, despite verbal assurances, as to how anybody would eventually be housed.

“We also found repeated examples of large amounts of public money being given to developers who would later make significant profits.

“All of this resonated strongly in the community and was fuel to the fire of the campaign both from a media and public opinion perspective.”

Publicity for the campaign

Freedom of Information also came into its own by providing the basis for press coverage.

“We received significant media interest, and the ongoing information we were getting was useful, as new information would act as a focus for a fresh round of media attention.

“I put together a compilation of FOI responses in the hope that by saving journalists work, we would encourage attention on the issues that caused us most concern.

“Each new revelation that we were able to publicise had the effect of building opposition to the scheme and strengthened the campaign against it. We developed a good relationship with a Guardian journalist, Aditya Chakrabortty, who took a personal and long term interest in the issue.

“In this article, for example, he makes direct reference to something we discovered via FOI: the existence of a shadow board, consisting of council officers and an elected councillor, which was set up prior to the council agreeing formally to the HDV with Lendlease.

“This is a good example of how facts can be hidden in plain sight. Nobody opposed to the HDV had been aware of this until it was revealed in an FOI response. It had been included in one line of a 650 page council report, but few people read every document.

“As this article reveals, this was only one of many vast collections of documents relating to the HDV. In that context, well placed questions can shed light on otherwise hidden corners.

“Naturally we needed to read all the documentation, and there were a few people involved in the campaign who would do so. An FOI response, however, can help focus on a key set of facts from a sea of too much detail.”

FOI contributing to the court case

“Just as with the journalists, I compiled a summary of the FOI responses we felt were most useful, and this was used by the legal team in their preparation.

Without your excellent site this task would have been virtually impossible.

“We lost the legal case, but the one element found in our favour was that the council had failed in their duty to consult.

“That information had been confirmed by FOI requests, by virtue of the limited response. They had been unable to provide much detail in relation to consultation, thus proving that nothing meaningful had taken place.

“However, we were deemed to be out of time and the court case fell. Having said this, we had never expected to win the whole campaign via the courts. Any win would have only meant that they would be required to amend the process — the law would never have stopped the entire plan. We did not doubt they had the legal right to do it: we simply felt that it was not in the best interests of the people of Haringey.

“Our main aim was to delay the signing of the contact with Lendlease long enough that new councillors would be in place and they would vote against the scheme. Unless we had amassed enough information to convince the court to allow the case to be heard, we would not have gained that delay: while the result was awaited, the council were prevented from signing any contract.”

Looking back and looking forward

A new council was voted in with members more sympathetic to the cause; that council halted the HDV and the campaign was eventually won after two long hard years. But is that the end of it?

Hilary reckons so, for now at least: “The nature and vast size of the proposed HDV scheme was unique, and unlikely to be attempted again in the next decade.

“Yes, our campaign had a huge impact, but we think the whole scheme was in danger of collapsing anyway because it was such a bad idea. It had few guarantees of success, and there were many ways in which it could have failed without any intervention from ourselves.

“However, that failure would only have become apparent long after the public land and properties had been privatised, after which we would simply never have got them back.”

And while the campaign succeeded, we cannot be complacent.

“The HDV was conceived in the context of current times. Regeneration in Haringey, and indeed the world, continues to be a hot issue — there’s an international movement to privatise public land, housing and resources.

“But while the underlying issues remain, and regeneration remains a cover for what amounts to social cleansing, we do feel that our campaign contributed to some shift in the discourse around these issues.

“We won, and that was a significant event that has inspired others to try to defend their areas and raised public awareness of all of the issues encapsulated within.”

Hilary continues to campaign with FOI.

“Currently I am involved with the Wards Corner Latin Village campaign and we are using WhatDoTheyKnow to seek information that might help in that struggle.

“Before the HDV I had never submitted an FOI request before — WhatDoTheyKnow made it really easy.”

We’re very glad to be of use in these campaigns, and we wish Hilary the best of luck in future endeavours to preserve this pocket of North London.

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Image: Haringey Liberal democrats (CC by-nd/2.0)

We’ve added a new functionality to the Alaveteli Pro codebase, allowing you to download a zip file containing all correspondence and attachments from a batch, and a spreadsheet (csv) to show the progress status of every request.

Alaveteli Pro is our tool for professional users of Freedom of Information. If you’re UK-based, you’re probably most familiar with our local iteration WhatDoTheyKnow Pro — but don’t worry: when we talk about improvements to Alaveteli Pro, you can be sure they’re also part of the WhatDoTheyKnow toolkit.

How to export

You’ll find these tools at the foot of the batch container in the requests list.

Why data exports?

Of course, we like to think Alaveteli Pro is a useful tool in its own right: there’s a lot you can do within the Pro interface, and it was built specifically to help you keep track of all your FOI activity in one place.

But sometimes users want to use external tools – either because they’re just more familiar with them, or because they want to do something beyond the functionality we offer.

Now there’s a simple way to get data out of Alaveteli, allowing you to analyse it with the tools of your choice, or perhaps send a progress report to a supervisor or editor.

It’s part of a programme of work to support cross border journalism between European organisations, supported by Adessium Foundation, allowing us to refine and improve the codebase for the benefit of all Pro users.

The technical bit

Those with a bit of coding knowledge may be interested to hear how we approached the zip download functionality. mySociety developer Graeme explains:

“With batch requests potentially going to as many as 500 different authorities, each request can receive several responses and attachments in return.

“All these emails and files mean that compiling the zip for download could be a lengthy job and would normally cause the request to time out. So for this new feature we’re utilising file streaming to send chunks of the zip as they become available.

“This means that the zip starts downloading immediately and you don’t have to sit watching and wondering whether anything is happening – you can see more and more data being transmitted.”

We hope you find this new feature useful. Please do let us know how you’re using it and any feedback you may have.

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Image: Startup Stock Photos

 

In May 2019 Pressure Vessels, a report from the Higher Education Policy Institute (HEPI), sought to understand increasing levels of stress on the mental health of academic staff.

A follow-up report released today, Pressure Vessels II, updates and broadens the data, drawing from several FOI requests made on our site WhatDoTheyKnow.

Dr Liz Morrish, a Visiting Fellow at York St John University, and Professor Nicky Priaulx, a Professor of Law at Cardiff University used Freedom of Information to understand the changing state of staff bodies’ mental health, analysing the demand for counselling and occupational health services within HE.

The first Pressure Vessels report focused primarily on academic staff, while this follow-up broadens the brief to incorporate professional services staff.

“Professional services staff are often marginalised in discussions about the higher education workforce, despite the significant roles they play. They are also more likely to be vulnerable to restructuring and redundancy,” say the study’s authors.

Of course, like every other sector in society, Higher Education has experienced a severe change in working conditions due to the global pandemic. But as Dr Morrish points out, “higher education staff and managers would be unwise to disregard the additional pressures this will bring. Like the virus, workplace stress is here to stay and must be addressed.”

The data in Pressure Vessels II was obtained by requests for information made to 17 universities, on staff numbers accessing counselling and referrals to occupational health for the 2016/17 and 2017/18 academic years.

The first report inspired Sheffield lecturer Tom Stafford to plot the figures onto graphs for each institution — he also offered to make graphs for any more data that could be obtained from other HEIs.

We are pleased to see WhatDoTheyKnow being used as part of a campaign to understand conditions and press for improvements. It’s just one more example of how our right to information can be used for the greater good. Read Pressure Vessels II here.

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Image: Nik Shuliahin

The Coronavirus (COVID-19) pandemic is having an impact on response times to Freedom of Information requests. Please see this information from the Information Commissioner’s Office, and the Scottish Information Commissioner. You can contact the WhatDoTheyKnow team if you have any questions about your requests.

Note: There is now an update to this post, which can be found here.

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At times of crisis, the need for factual information is clear — and Freedom of Information is the lawful mechanism by which we can demand it. And yet, it is becoming increasingly obvious that across the world, rights to information are being eroded, by design or by circumstance, as governments and authorities deal with the effects of COVID-19.

Rather than restrict access to information, at this time bodies should be moving towards proactive release, and any necessary restrictions that are put in place must be temporary and time limited.

Keeping our rights intact

At WhatDoTheyKnow we are, of course, resolute that we must not allow the current situation to cause lost ground in the right to hold our authorities accountable.

Nonetheless, we do of course recognise the difficulties involved for authorities in keeping a service running at a time when the workforce may be depleted, staff may be working from home and not able to access physical files, and resources may be quite rightly being prioritised on the frontline of the fight to keep the population safe.

We call for a common sense approach that balances this new working environment with the enhanced need for public information:

• A recognition that not all authorities and not all departments will be equally affected by the current crisis. While it is clear that those which are working in the areas of health, policing, and other frontline activities are likely to be the least able to dedicate resources to FOI, other authorities/departments should do all they can to keep their channels of information open and active.
• In the spirit of transparency and public interest, all authorities should commit to the proactive publication of information, without the need for it to be requested. This should especially apply to decisions being made around public health, responses to COVID-19, and changes to rights and freedoms of citizens; and the data informing these decisions. Proactive publication requires fewer resources than responding to individual requests as they arise.
• Measures that are put in place to relax the right to information during this fast-moving environment must be recognised as temporary and reassessed at regular frequent intervals. When the health crisis has passed, they must be removed and the right to information must be restored to the same, or better, status as previously enjoyed by citizens.

Information is vital

More than ever, now is the time to ask questions: what plans do our governments have in place to tackle this unprecedented threat? What research is guiding their actions? How are they meeting targets for testing, for vital equipment, for hospital beds?

Or, just as importantly, as Julia Keseru asks in this piece: how are the most vulnerable in society being impacted by the broad stroke decisions being implemented?

In the UK, the government has stated a commitment to transparency: “In fast moving situations, transparency should be at the heart of what the government does”. But the gaps in existing data are noted by Jeni Tennison here, alongside a call for private companies to do what they can.

And at the same time, we’ve seen a relaxation of authorities’ obligations under the FOI Act in recognition of stretched resources and depleted staff.

These have taken the form of a notification from the ICO that they will be more lenient towards authorities providing late responses, and messages from authorities themselves that they will be providing a cut-down service.

Guy’s Hospital, for example, is understandably responding with a plea for people to consider whether their request is really required; while Bournemouth, Christchurch and Poole Council are auto-responding: “The Council is not currently in a position to respond to your request. This is as a result of ensuring that all available resources are diverted to support the community and we can continue to deliver essential and priority services during the unprecedented crisis presented by COVID19. Please resubmit your request at a later date and not before 8th June“.

Scotland’s emergency bill, voted through yesterday, massively extended the deadline for responses despite intervention from campaigners and MSPs. As a result, WhatDoTheyKnow’s auto-prompts when an authority has not responded within the mandated timeframe are currently wrong, and we’ll be looking at correcting this as soon as we can. [Update: We now account for the new law in Scotland, but there may be a few existing requests or authorities that we’ve missed out, so please get in touch if you have questions about your request.]

Information doesn’t just allow us to hold our governments to account over the actions they take during this crisis. As Newspeak House’s Corona Virus Tech Handbook has vividly demonstrated, shared knowledge allows collaboration, in some cases across borders, that may literally save lives.

A global lapse

Meanwhile, in countries around the world, the reaction has ranged from New Zealand’s ‘pro-transparency’ response, documented along with less hopeful dispatches from other countries in this post from Global Investigative Journalism Network, to Hungary’s worrying move to rule by decree.

At WhatDoTheyKnow, we stand by our international community of friends and colleagues who value the citizens’ right to know.

Access to Information and journalists’ networks are monitoring the erosion or upholding of our rights across the world, and will act to preserve them where we can.

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Image: Dimitri Karastelev