Many authorities keep a disclosure log, where they publish answers to previous Freedom Of Information requests. If requests are repeatedly made for the same type of information, it makes sense for the authority to publish the data regularly so that everyone can access it — because of course, the majority of FOI requests made in this country are sent directly rather than via WhatDoTheyKnow, and won’t otherwise be published online in any other form.
But a disclosure log is only useful if people know it’s there. Our FOI For Councils service, which came out of work with Hackney council increases the likelihood that the information in the disclosure log is actually seen, and by those who need it most: it automatically checks whether the request resembles any information which is already available online, then points the requester to it. If the match is correct, the user doesn’t have to progress any further with their request, and can access the information immediately. This saves everyone time — requesters and staff alike.
There’s another handy aspect to FOI for Councils, too: it can also provide staff with data on what type of requests are made the most often. As we explained in that introductory blog post:
FOI for Councils analyses the number of times each suggestion is shown, clicked, and even whether the suggestion has prevented any additional FOI requests being made.
This analysis allows Information Officers to understand which information is being asked for, that existing resources aren’t providing.
A sensible use of this is to analyse the most frequent requests and publish the data they’re asking for proactively.
Authorities don’t necessarily need FOI for Councils to do this, though: a regular analysis of internal records, or even public requests on WhatDoTheyKnow (despite only making up a proportion of requests made by any means — people may also make requests by direct email, letter, phone or even a tweet in some cases — they still provide a good sample set) would allow any authority to manually generate a broad picture.
Disclosure logs can get out of date quickly: a glance at the BBC’s, for example, seems to indicate an initial enthusiasm in 2014 which quickly dried up, perhaps because a keen employee moved on, or resources were channeled elsewhere. Yet many of the topics of information — annual transport costs for example — will quickly date and may be of interest again in subsequent years.
It makes sense for authorities to plan a publication cycle for such data, because it’s common for requests to relate to ongoing or changing information such as annual statistics or contract renewals.
It seems to be quite a widespread issue that an authority starts a disclosure log with the best of intentions, but then lets it go into disuse; additionally, the WhatDoTheyKnow team note that very few disclosure logs are comprehensive; it’s much more common for authorities to pick and choose what to release, which may not be in line with which data is most useful to the public.
Publishing frequently requested information in a proactive fashion may well cost authorities less than having to retrieve the information each time it’s asked for — and to provide the information to a sole request-maker (assuming it’s not through WhatDoTheyKnow, where the response is published online) is less efficient than simply putting it out publicly where everyone who needs it can find it. This removes some of the burden on FOI officers.
Early indicators from our work with Hackney Council show that pointing users towards material already published has prevented around 4% of the requests started by users. This should grow over time, as the council analyses popular requests and starts to add the information to their publication schedule, and more and more users will then experience this invitation to find the material elsewhere.
A legal requirement
There is one type of information which authorities are required to proactively publish, thanks to Section 19 subsection 2a of the Freedom of Information Act — datasets:
A publication scheme must, in particular, include a requirement for the public authority concerned—
(a) to publish—
(i) any dataset held by the authority in relation to which a person makes a request for information to the authority, and
(ii) any up-dated version held by the authority of such a dataset, unless the authority is satisfied that it is not appropriate for the dataset to be published
The WhatDoTheyKnow team have called for this requirement to apply to all material requested under Freedom of Information, not just datasets: it seems desirable that if a certain piece of information is frequently requested, there is a requirement to publish, unless it’s not reasonable or practical to do so (which, as the team points out, may point to a problem with the way the material is being managed internally, for example adherence to paper records that would benefit from a switch to digital).
We’re in favour
We’ve often advocated for proactive publication, including in our response to a consultation on the FOI Code of Practice last year, and we’ve even said that we’d rather people didn’t have to make FOI requests at all because all information was being published by default.
Others have made the case that there is so much data being published in the world today that it’s hard to make sense of it or to find what’s useful — but proactive publication based on proven demand like this is a good approach to ensuring that authorities are releasing what is genuinely needed.
Image: Roman Kraft