More Open but Not More Trusted? The Effect of the Freedom of Information Act 2000 on the United Kingdom Central Government - BEN WORTHY (PDF)

Image via WikipediaMore Open but Not More Trusted? The Effect of the Freedom of Information Act 2000 on the United Kingdom Central Government
BEN WORTHY*

This article examines the impact of Britain’s Freedom of Information (FOI) Act 2000 on British central government. The article identifies six objectives for FOI in the United Kingdom and then examines to what extent FOI has met them, briefly comparing the United Kingdom with similar legislation in Ireland, New Zealand, Australia, and Canada. It concludes that FOI has achieved the core objectives of increasing transparency and accountability, though the latter only in particular circumstances, but not the four secondary
objectives: improved decision-making by government, improved public understanding, increased participation, and trust in government. This is not because the Act has “failed” but because the objectives were overly ambitious and FOI is shaped by the political environment in which it is placed.

http://onlinelibrary.wiley.com/doi/10.1111/j.1468-0491.2010.01498.x/pdf

City refuses to release noise exemption letter signed by Mayor - CityCaucus.com

http://www.citycaucus.com/2010/10/city-refuses-to-release-noise-exemption-letter-signed-by-mayor

"It should be a basic right for any  citizen to get access to documents signed by the Mayor authorizing a  variance to the noise by-law. Unfortunately, it has become common  practice for this civic administration to hold back documents and keep them  far from public view for as long as humanly possible.

I can’t imagine  how they’ll be able to run again in 2011 with a campaign promise of  wanting to make this the most “open and transparent” civic government in  Canada. If they do, they’ll be laughed out of the room."

FOIwiki - helping you unlock the secrets of UK Freedom of Information laws

FOIwiki is designed to help you ensure your Freedom of Information requests are fairly treated by Public Authorities. Often the Authority will misapply an Exemption to your request and not supply the information you're after. This site allows you to check the law and official guidance all in one place.
The Freedom of Information laws all roughly follow the same process, although there are some subtle differences:

1. you make an information request to a public authority
2. the authority can ask you to clarify this
3. under certain circumstances, the authority may ask you to pay a fee to cover printing and postage or other costs
4. you wait for them to answer back within a certain time period
5. the authority will either send you the information you ask or will refuse to send it, claiming one or more exemptions that are allowed to them under the laws.
6. for refusals, you can make an appeal to the authority to get them to reconsider the exemptions
7. if this is still unsuccessful, you can apply to the Information Commissioner (or the Scottish Information Commissioner) for a decision on the matter
8. if this is still unsuccessful, you can appeal to the First-tier Tribunal (Information Rights) (or the Court of Session for Scotland's FOI laws)

more: http://foiwiki.com/foiwiki/index.php/Main_Page  

Scotland's LibDems FOI Request Shows Massive Data Losses Across Government

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"A Freedom of Information petition by the Liberal Democrats has revealed massive data losses in government organisations across the UK and Scotland. ...

See all stories on this topic »"

LibDems FOI Request Shows Massive Data Losses Across Government:

Offshore oil boards not in conflict of interest with industry

Image via Wikipedia Offshore oil boards not in conflict of interest with industry: "

Hill Times

Both Nova Scotia and Newfoundland governments are now planning to amend the ... in submitting five access to information requests to the Newfoundland board ...
"

Unlock sex offender data

Scottish housing providers were refused statistics on sex offenders but have won an appeal.

Emma Gilpin, senior solicitor in public law at Brodies, explains.


The Court of Session in Scotland has upheld an appeal by Craigdale Housing Association and a number of other housing associations against a decision of the Scottish Information Commissioner to refuse them access to information about numbers of sex offenders living within the housing association’s area.

The request

The housing associations made the request to Strathclyde Police under the Freedom of Information (Scotland) Act 2002 to help them work out whether there was a greater ‘burden’ placed on those areas served by the housing associations - in terms of the numbers of registered sex offenders living in those areas - than on areas deemed to be more ‘affluent’.

Strathclyde Police refused to provide the information and argued that it was ‘exempt’ from release. The Scottish Information Commissioner - who is responsible for checking that public authorities comply with their duties under FOI - upheld the police’s decision to withhold the information.


FULL ARTICLE: http://www.insidehousing.co.uk/ihstory.aspx?storycode=6511381

Projet Montreal wants documents public

Image via Wikipedia Projet Montreal wants documents public


Friday, August 27, 2010

The Gazette

MONTREAL- Genieau, the consortium that lost Montreal's $355.8-million water-management contract, says it hasn't decided whether it will fight the city to keep it from making parts of its $34-million claim for the cancellation of the controversial contract public.

Opposition party Projet Montreal filed an access to information request with the city to see the bills and other documents that Genieau submitted with its claim last month.

The city clerk's office, which handles access requests, wrote to the party yesterday saying that certain documents are confidential, including contracts Genieau had signed with subcontractors. The city clerk's office also said it thinks the company's summary invoices, covering assorted supplies of goods or services, should be public.

Genieau has 15 days to file an appeal with Quebec's access to information commission to try to keep the invoices secret.


FULL ARTICLE: http://www.montrealgazette.com/mobile/iphone/story.html?id=3448652

What FOI Told you today: Fourteen Manitoba prisoners have been released from jail by mistake since the beginning of 2007

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Prisoners accidentally freed


By PAUL TURENNE, Winnipeg Sun



Last Updated: June 7, 2010 1:44pm


Fourteen Manitoba prisoners have been released from jail by mistake since the beginning of 2007, according to statistics obtained by the Opposition Tories.



The Tories released figures Monday that they received from Manitoba Justice through an access to information request related to accidental releases from custody.



The figures show that three people have been released from custody by mistake so far in 2010. Similar mistakes happened six times in 2009, twice in 2008, three times in 2007 and not once in 2006, according to the same document.

Full Article: http://www.winnipegsun.com/news/manitoba/2010/06/07/14294661.html

CBC's The Current Podcast: 04/02/10: Pt 3 - Accountability Act

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The Current Podcast

The Current is a meeting place of perspectives with a fresh take on issues that affect Canadians today.

04/02/10: Pt 3 - Accountability Act


Stephen Harper rode into office promising open, transparent and above all accountable government. Four years later, we're asking whether he's delivered it.

Right click to Download 04/02/10: Pt 3 - Accountability Act

[mp3 file: runs 28:21]

Privacy law helps the government hide (TimesColonist via the privacylawyer.ca)

Image by janusz l via Flickr

Privacy law helps the government hide

Les Leyne

Times Colonist

Thursday, November 26, 2009

When reporters were briefed a couple of weeks ago on how the Olympic torch relay would go down, they were told no identities of the runners would be supplied, because of "privacy law."
Apparently the people who eagerly volunteered to wear bright white suits while carrying burning torches in front of TV cameras and thousands of people wanted their privacy, along with all the fame and glory.

They wanted no such thing, of course. They were only too happy to joyously volunteer their names on their own. The edict was simply the decision of torch functionaries eager to exercise some of their authority. It was a good example of how privacy law has vastly enhanced officials' first inclination to say "no" to every request.

York region - Vaughan mayor's hummer rental, iPod Touch purchase ticks off taxpayer

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http://www.georginaadvocate.com/News/Vaughan/article/92831

UNESCO - Freedom of information: a comparative legal survey (cearta.ie)

Jun032009

Freedom of information: a comparative legal survey

Posted by: Eoin in Freedom of Information

From Michael Lines on Slaw:

Freedom of information: a comparative legal survey 

Home Page for Report: http://portal.unesco.org/ci/en/ev.php-URL_ID=26159&URL_DO=DO_TOPIC&URL_SECTION=201.html

UNESCO and its Communication and Information Sector have just released a new edition of Freedom of information: a comparative legal survey, and it is free online.

The survey was prepared by Toby Mendel, Law Programme Director with Article XIX. From the survey’s homepage:

The importance of the right to information or the right to know is an increasingly constant refrain in the mouths of development practitioners, civil society, academics, the media and governments.

What is this right, is it really a right and how have governments sought to give effect to it? These are some of the questions this book seeks to address, providing an accessible account of the law and practice regarding freedom of information, and an analysis of what is working and why.

The analysis in the book is organised around a number of key features of an effective Freedom of Information regime:

1. MAXIMUM DISCLOSURE
   Freedom of information legislation should by guided by the principle of maximum disclosure
2. OBLIGATION TO PUBLISH
   Public bodies should be under an obligation to publish key Information
3. PROMOTION OF OPEN GOVERNMENT
   Public bodies must actively promote open government
4. LIMITED SCOPE OF EXCEPTIONS
   Exceptions should be clearly and narrowly drawn and subject to strict “harm” and “public interest” tests
5. PROCESSES TO FACILITATE ACCESS
   Requests for information should be processed rapidly and fairly and an independent review of any refusals should be available
6. COSTS
   Individuals should not be deterred from making requests for information by excessive costs
7. OPEN MEETINGS
   Meetings of public bodies should be open to the public
8. DISCLOSURE TAKES PRECEDENCE
   Laws which are inconsistent with the principle of maximum disclosure should be amended or repealed
9. PROTECTION FOR WHISTLEBLOWERS
   Individuals who release information on wrongdoing - whistleblowers - must be protected

Ireland is not one of the countries assessed in this report, but since Elaine Byrneargued in yesterday’s Irish Times that legislation is need to protect whistleblowers, I am not sanguine that the Irish legislation (1997 as amended in 2003) would measure up well against these principles.

PC Party NS response to FOI Letter

From: pc 4ns

To: darce@eastlink.ca

Sent: Friday, May 22, 2009 10:51 AM

Subject: letter to leaders

Please see the attached response to your correspondence.(click on images below)

PC Party of NS

Page 1

Page 2

the Wobbing Europe 'wobsite'

Wobbing Europe: Freedom of Information for good stories

Wobbing.eu aims to inspire and support journalists to use their right of freedom of information as a journalistic tool.
Wobbing.eu aims to build a network, where journalists who use freedom of information legislation can meet and exchange experiences.
Wobbing.eu aims to watch developments of freedom of information legislation in order to further stronger legislation useful for journalists.

Wobbing is a verb, it is Dutch journalist’s slang expression for Freedom of Information or Access to Documents legislation. It derives from the name of the Dutch and Flemish laws: Wet van Openbaarheid van Bestuur, which means Law about the Openness of the Administration.

Wobbing.eu is a trademark-protected name in the Benelux.

The Belgian Pascal Decroos Fund runs Wobbing Europe. The Pascal Decroos Fund is an independent Belgian-Flemish foundation working for special journalism and funded by the Flemish Government. It provides grants to journalists for investigative and special research projects, in print and audio-visual media in Dutch language in Belgium.
Pascal Decroos was a special journalist with special ideas. He was born in Ostend (Belgium) on 20 April 1964 and died in Brussels (Belgium) on 2 December 1997. Pascal Decroos is the exponent of a new generation of journalists. Someone with a passion for journalism and committed to the case of the weaker in our society. In the course of his professional career, Pascal Decroos earns himself the reputation of being a critical, inventive television journalist. His creed is: do not let yourself be carried along the stream of superficial news, but submerge. Do not content yourself with drawing the obvious conclusion, but investigate and probe until you find the truth.


Wobbing Europe, Editor Brigitte Alfter

The Pascal Decroos Fund for Investigative Journalism, Director Ides Debruyne

Rozenweg 4b
B-1731 Zellik
Belgium
Tel +32 2 705 59 19
fax +32 2 705 59 29
e-mail: ides.debruyne@fondspascaldecroos.org
www.wobbing.eu
Account number 422-8004971-11
IBAN: BE30 4228 0049 7111
KBC Bank NV BIC of SWIFT address: KREDBEBB
NATIONAAL NUMMER 463312580

http://www.wobbing.eu/

NL premier's branch of the civil service using its clout to foil FOI requests

Last updated at 9:29 AM on 06/12/08

Executive decisions

The premier's branch of the civil service has been quietly involved in vetting responses under the province's freedom of information laws, directing other

Premier Danny Williams - Image via Wikipedia

public bodies to keep information secret

ROB ANTLE
The Telegram

The branch of the civil service that serves the premier's office has been directing other government departments and agencies to keep information secret from the public, ignoring recommendations to the contrary from an independent officer of the House of Assembly.

Executive Council has no actual legislative authority to tell other public bodies what to do.

But documents pieced together by The Telegram over the past six months reveal that Executive Council is using its clout - mainly under instructions contained in a government policy manual - to keep information secret.



FULL ARTICLE

NL Government withholding school reports

Image via Wikipedia

Government withholding school reports

EDUCATION

Engineering assessments of Holy Heart, Bishops still in 'draft' form, months after decisions made

ROB ANTLE
The Telegram

Holy Heart of Mary Regional High School is slated for closure as a part of school restructuring in St. John's. — Photo by Joe Gibbons/The Telegram

The provincial Department of Education is withholding engineering reports on the state of two St. John's high schools, claiming the reports are still in draft form - even though the local school authority made decisions four months ago based in part on the reports' findings.

On March 5, The Telegram asked for copies of the engineering reports for Bishops College and Holy Heart of Mary High School.

But Friday - 23 days after the initial request - department officials said the reports are still not final, and cannot be released to the public.

Provincial officials said that consultants are making minor revisions to the studies, correcting information such as the age of Holy Heart, which was listed incorrectly.

They said a misunderstanding led to the department not making it clear three weeks ago that the reports were still in draft form.

"Every effort is being made to get it finalized, and to be able to release it," Department of Education spokeswoman Jacquelyn Howard said.

She denied that the department is classifying the reports as drafts to delay making them public. But the government won't release what it has now.

"That would be a draft report, that's something we don't do - we're not going to release a draft report, it has to be finalized," Howard said.

"There is no intent to withhold it; it's clarifying information that's in it," Howard added.

FULL ARTICLE

Hot off the press!

Darce reported in an earlier posting that the Right to Know Coalition of Nova Scotia had lent its name to a petition in an effort to convince the Bulgarian government not to weaken its FOI laws. This was not in vain as reported below by the Access to Information Programme (AIP) Foundation, "established on October 23, 1996 in Sofia, Bulgaria by journalists, lawyers, sociologists, and economists who work in the area of human rights. They joined efforts to promote the right to information and initiate a public debate on related issues."

We congratulate them on their success. Keep up the good fight!

As a result of the initiated active public debate with the involvement of a large number of Bulgarian, foreign and international nongovernmental and governmental organizations, Bulgarian media, journalists, public figures and experts, the advocacy of AIP, and the will of some political parties represented in parliament, the initially proposed amendments were considerably changed in a positive way.

Full Article


Cheers,
Greg Pemberton
RTKNS Web Admin

Protesting the Weakening of FOI Laws in Bulgaria

At the request of International Freedom of Information Advocates Network, a European-based FOI advocacy group of which RTKNS is a member, and at the invitation of Toby Mendel of Article 19, I have attached our Coalition to a protest letter to the Bulgarian Government. The Bulgarian Government plans to amend its Act to require applicants to have a legal interest in the information requested (whatever that means) and to declare that it's all or nothing. If anything in a record is off FOI limits, then it all is; no severing of information .

The protest includes advocacy groups and others from some thirty countries. So far we are the only ones from this side of the pond. The flood of support is incredible.

Darce

Darce Fardy
President
Right to Know Coalition of Nova Scotia
(902) 422-1481
darce@eastlink.ca
http://www.nsrighttoknow.ca/

More on the issue:

21 MAY 2007
International FOI Advocates Protest Draft Amendments that would Weaken Bulgarian Public Information Act(Note that the protest letter is available at this address as well)

January 8, 2007 - THE RIGHT TO KNOW COALITION OF NOVA SCOTIA VISITS THE LEGISLATURE.


2007 Greg Pemberton

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 Canada License.



Two members of the board of the RTKNS Coalition, and an active volunteer went to the legislature on Monday evening, January 8, 2007 to deliver a letter written to all MLAs to ask for their support for three recommendations for improving the Freedom of Information and Protection of Privacy Act (FOIPOP): lower the fees for using the Act (the highest in Canada); make the Review Office an office of the legislature (as it is in every other jurisdiction in Canada); and make it an offence to reveal the names of applicants except those who must have the information in order to process the application. (See letter on website)

The Liberal Party opposition has already tabled a bill that would lower the fees. On Monday night the Liberal member for Halifax Clayton Park, Diana Whelan, introduced a notice of motion supporting the recommendations found in the letter. (See notice of motion on website.)

The interim Liberal leader, Michel Samson, came to the lobby to meet our delegation.

The Minister of Justice, the Honourable Murray Scott, also came out of the legislature to meet briefly with our delegation and offered to meet again at a time he was not required to be in his seat. He reaffirmed that the Department was seriously considering the effect of the application fees on Nova Scotians’ right to information. The coalition recently received a reply from the Minister to an earlier letter from the coalition. (See website)

The leader of the Official Opposition, Darrell Dexter (New Democratic Party), introduced the delegation from the floor of the legislature while we sat in the gallery, and met briefly with us later in the evening. The Opposition Justice Critic, Kevin Deveaux, met with the delegation for twenty minutes in the Legislative Library.

Other MLA’s approached us throughout the evening.

The delegation believed it saw a very positive attitude towards improving the FOIPOP Act.

During the session of the legislature before Christmas, a Select Committee on Participation in the Democratic Process was announced. We believe the intention is to hold meetings throughout the province. We encourage those who are interested in openness and accountability in government to appear before the committee when it comes to town. Let them know you share the RTKNS Coalition’s firm view that there cannot be a successful democracy without citizen participation in the process and without access to government information.

Darce Fardy
President
Right to Know Coalition of Nova Scotia
(902) 422-1481
darce@eastlink.ca
www.nsrighttoknow.ca

The Commonwealth Human Rights Initiative (CHRI) on FOI Fees:

The law, if it provides for a levy of a fee for getting information must ensure that the fee is reasonable and does not act as a deterrent for asking information and does not end up debarring information from the disadvantaged groups who cannot afford the fees. The law must provide for waiver of fees in certain circumstances.

CHRI has a Right to Information site that provides a guide to what good FOI legislation should include. Links to the site below.

What should a [Right to Information] law contain?
Minimum Standards For Maximum Disclosure

CHRI "believes that the promotion and protection of human rights is the responsibility of governments but that the active participation of civil society acting in concert is vital to ensuring rule of law and the realisation of human rights."

CHRI's Right to Information site

Greg Pemberton
RTKNS Web Admin