how to use foi: from absentee football fans to tazer-happy police
DESCRIPTION
Open lecture given at Birmingham City University, December 2014TRANSCRIPT
FOI, EIR, DP:Using the law to get information
What I’ll cover:
• Great ideas for exclusive stories• Your rights to information• Exemptions and excuses: tips for fighting your corner
Great ideas
A simple way to get exclusive stories
Freedom of Information (FOI)
• Any information held by public bodies• Documents and/or data• You’ve paid for this already: it’s your right to know*
* See later!
Any information that is held by a public body
•Crime: reports, arrests, convictions•Sports: funding, participation•Arts: funding, participation•Education: achievement, spending•Health: staffing, disease, mistakes
pinboard.in/u:paulbradshaw/t:foi
What could you ask?
• Topical issues: how widespread?• Policies: what impact/are they needed?• Claims: do the facts support them?• Curiosity: no one has ever asked!
It takes just 5 seconds
1. Search2. Make3. Send.
Look for ideas and examples
• Google Alerts: “freedom of information” in Google News
• FOI Friday by David Higgerson• FOI Directory by Matt Burgess• WhatDoTheyKnow.com
Look for ideas and examples
• Google Alerts: “freedom of information” in Google News
• FOI Friday by David Higgerson• FOI Directory by Matt Burgess• WhatDoTheyKnow.com• Disclosure logs on each body’s site
Who could you ask?
• Regulators: energy, water, health, education, sport, gambling, industry
• Local government: roads, schools, health, welfare, housing, environment
• Central govt: welfare, justice, health, immigration, universities
Who could you ask?
• Local health bodies: CCGs• Local police forces: reports, arrests, charges
• Central govt: welfare, justice, health, immigration, universities
*“Your right to know”?
Exemptions: • Cost: >18/24 hours (local/central)
* See later!
Don’t worry.
They have to ask first.
They are obliged to help you get it under the cost limit
(And you can anticipate that)https://www.whatdotheyknow.com/request/flexible_working_applications_fo
But sometimes...
...they just don’t care.
*“Your right to know”?
Exemptions: • Cost: >18/24 hours (local/central)• ‘Absolute’ vs ‘qualified’ exemptions• Qualified exemptions based on judgement: body must argue case
* See later!
Absolute exemptions
1. Accessible by other means2. State security bodies3. Court records4. Parliamentary privilege
* See later!
http://www.telesurtv.net/english/news/UK-Police-Obstruct-Spying-Investigation-20141110-0030.html
Absolute exemptions
5. ‘Prejudice the conduct of public affairs’6. Personal data7. Provided in confidence8. Legally prohibited (e.g. contempt, other
laws)* See later!
Qualified exemptions: public interest vs...
1. ‘Prejudice’ of law enforcement, economic/commercial interests, international relations, etc.
2. ‘Class’ exemption: national security, policy formulation, etc.
3. Commercial information * See later!
What if they say no?
• Ask for their evidence/argument• Does it apply to whole, or part?• Internal appeal• Appeal to the ICO*• Appeal to higher bodies (High Court, etc)
ICO = Information Commissioner’s Office
• Responsible for upholding FOI, DP, EIR• Publishes guidance• Hears appeals... • ...and makes judgements
http://search.ico.gov.uk/ico/search/decisionnotice
How do you tell the story?
• Data tells you why it matters• Documents give you the detail• People tell us why we should care
Phrasing the request to get the right details
• Have an idea what the story is - and what information you’ll need to tell that.
• Find out what info they collect• Don’t make assumptions: be specific
Don’t forget context.
EIR:
• Useful alternative to FOI if you can find an environmental angle
• Fewer exemptions
Data Protection Act:
• Request any information held about you (or ask someone to request their own info)
• Can be a small charge
Key points:
• Start with a good idea that can wait 4 weeks+
• Find out what they know first• Anticipate excuses
Brooke: Your Right To KnowAmin & Montague: FOIA Without The LawyerAmin & Montague: EIRs Without The Lawyer
Further reading.
Delicious.com/paulb/foiDelicious.com/paulb/foiegDelicious.com/paulb/eirDelicious.com/paulb/dataprotection
Bookmarks
Questions!
Draft an FOI around an electoral issue for 2015, e.g.- NHS- Immigration- Welfare, e.g. living wage, sanctions
Task: