FOI and Open Data Developments

FOIMan reports on a new strategy from the ICO and a move for open data (and data sharing) responsibilities in government.

Elizabeth Denham, Information Commissioner

Elizabeth Denham

I’m briefly emerging from my monastic cell to note some recent developments in FOI that may have passed you by amidst frenzied GDPR preparations.

The Information Commissioner recently gave the annual Jenkinson Lecture at University College London. In it, she made intriguing reference to a new ICO FOI strategy. What does this strategy consist of?

  1. The Commissioner wants to augment the “request-based, and frankly, reactive” model of FOI. There appears to be a new focus on pro-active disclosure, and linked to this, the Commissioner is interested in giving new impetus to open data initiatives, particularly focussing on making them more sustainable. Self-assessment tools for public authorities are mooted.
  2. She wants FOI to expand to reflect changes in the way that public services are run (not a new call, of course). Housing Associations were particularly singled out for attention.
  3. She remains concerned about compliance with FOI deadlines, and is keen to explore ways to improve these. The publication of FOI statistics proposed by the FOI Commission in March 2016 (and more recently included in the draft s.45 Code of Practice released before Christmas) was highlighted, and it was suggested that the Commissioner could carry out audits even where no specific complaint has been received (or ‘own-motion compliance investigations’).
  4. Access Impact Assessments may be coming your way. Presumably inspired by her office’s preparations for GDPR, the Commissioner suggested that assessments should be made of the “access impact of new systems and initiatives”.

News of such a strategy is interesting in its own right, but I read earlier today of changes to responsibilities in central government (what are known as ‘changes to the machinery of government’). Responsibility for open data policy, together with data sharing, data governance and data ethics has moved from the Government Digital Service (in the Cabinet Office) to the Department for Digital, Culture, Media and Sport (DCMS). Could the Commissioner’s comments on open data be linked to this move, perhaps? And are there moves afoot to move FOI to DCMS as well? It would make sense – but machinery of government changes don’t always appear to be made with good sense in mind.

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