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

http://www.youtube.com/watch?v=dXqTHEwoxRo

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: