Tag Archive for Open Data

Open Data Institute: FOI Talk

FOIMan gave last Friday’s ODI Friday lecture at the Open Data Institute in London.

Paul Gibbons speaking at the ODI

Paul Gibbons speaking at the Open Data Institute © Open Data Institute 2019

I gave a talk on Friday 27th September as part of the Open Data Institute’s programme of ODI Friday lectures. Slightly early for International Right to Know Day (which it was on Saturday), I spoke about the importance of FOI Officers to successful implementation and improvement of FOI and transparency initiatives. You can watch my presentation on YouTube on the Open Data Institute’s channel.

I refer in the talk to my book. If you want to know more about The Freedom of Information Officer’s Handbook, I have set up a new page where you can access details of the book including a free chapter (and a discount on the cover price of the book), the video above and more.

There are also lots of other free resources under the Resources tab above.

FOI and Procurement

FOIMan explores how FOI and transparency rules interact with the process of procuring new goods and services by public authorities.

freedom-of-information-graphic-smallOne chapter that didn’t quite make it into my book due to lack of space and time was going to focus on the interaction between FOI and procurement processes (though of course the book still includes useful tips for dealing with requests about contracts). I’ve sought to redress this in my latest article for the Freedom of Information Journal. You can, of course, subscribe to the journal, which contains lots of useful articles and the latest FOI news – details can be found opposite and at http://www.pdpjournals.com. However, you can also read the article here.

My next FOI journal piece will highlight what we don’t know about FOI – some of the ‘facts’ that we bandy around about the Act, but are not quite as set in stone as we might think…

By the way, we’re planning an experiment for a future issue of the journal. If there’s an FOI or EIR problem that you’ve never quite got to the bottom of and would like me to explore, let me know either directly or via PDP. I can’t promise to deal with every query submitted, but the aim is to answer a selection of queries in the article. If it works, we might just do it again. Even if you don’t subscribe to the journal, the eventual article will, as ever, be reproduced here. So if there’s something you don’t know about FOI, and think others might be puzzled by it too, drop me a line with ‘FOI Journal Q&A’ in the subject line and I’ll see what I can do.

 

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.

FOI v Open Data?

FOIMan questions Cabinet Minister Francis Maude’s suggestion that FOI requests will be made redundant by the government’s transparency and open data initiatives.

Francis Maude made a speech earlier today about government transparency and open data. It caught my attention partly because of a section in which he talks about the Freedom of Information Act:

Ten years ago the Freedom of Information Act came into force. Tony Blair called it his biggest mistake. But it was a historic piece of legislation, it wasn’t perfect. My aim if I’m honest with you is to make Freedom of Information redundant. My view is that we should be proactively making public everything that is appropriate. You should make redundant the need for people to ask for access to information.

Rt Hon Francis Maude MP, Minister for the Cabinet Office (reproduced under the Open Government Licence v3)

Rt Hon Francis Maude MP, Minister for the Cabinet Office (reproduced under the Open Government Licence v3)

I don’t think anybody would question the laudable aim of making information available to the public proactively. The government has made lots of data available and, as I reported in my last post, has forced other parts of the public sector to be more transparent. There are practical challenges caused by these requirements, such as how to make the vast amount of data useful and accessible to the public, and how to avoid making public authority websites unnavigable and cumbersome. But in principle it is undoubtedly a welcome development for central government to be talking so positively about transparency.

However, I do question Mr Maude’s aim of making “Freedom of Information redundant”. The key here is his phrase “we should be proactively making public everything that is appropriate.” Who decides what is “appropriate”? How do people challenge that decision? What if people have further questions about the information that has been disclosed?

Statistics also out today show that of the requests that were considered “resolvable” by the Cabinet Office between July and September this year, only 29% were granted in full. So nearly three-quarters of the time, the Cabinet Office considers that it is not appropriate to disclose the information people actually are interested in. Of course, that doesn’t mean that the Cabinet Office is wrong to withhold that information in every case, or even most cases, but it does place a whopping big question mark over Mr Maude’s ambition to make FOI redundant. No matter how much information is published, people will want to know more than government is willing to put out there.

Mr Maude’s comment echoes the Prime Minister’s statement that FOI requests are “furring up the arteries” of government. Of course, if you want to run government efficiently, FOI is not the best way to be transparent. Answering requests can be time-consuming, and it is difficult to allocate and plan resources. This is the argument of many in the public sector who criticise it. But it is the main reason I think it is so valuable. If you were running a business, nobody in their right mind would choose to obligate themselves to answer requests for information in this way. That’s the point. Delivering public services is not about running a business. It involves spending people’s money to make the country and communities work in a way that benefits as many as possible, whilst giving them as much say as possible in the way that happens. That a government recognised that people should have a right to question public bodies about the way they are delivering services, despite the inconveniences that it may involve, is something that gives me a little faith in politics – and God knows, we need more of that.

Mr Maude and the government’s ongoing efforts to publish more public sector information should be welcomed. But they will never make FOI redundant – true transparency requires both.

Practically Speaking, Part II – Game, Dataset & Match

FOIMan brings you the second in his series of articles for PDP’s Freedom of Information Journal.

A couple of weeks ago I wrote here about the series of articles I’ve been writing for PDP’s Freedom of Information Journal. The first article was on deadlines, and this week I’m making available my piece called Game, Dataset and Match, which, as the more perceptive amongst you will have gathered, is about the new dataset requirements that came in on 1 September. You should note that this article was published much earlier in the year before the Information Commissioner and Ministry of Justice had published their guidance/finalised Code of Practice, so is a little out of date already. (The general trend this year has been that if I’ve prepared a talk or an article, a major development supercedes it just before publication or presentation. All I need now is to find a way to exploit this extraordinary gift.)

However…in September I was also asked to write on this subject for Privacy Laws & Business, another information rights publication, and as a special bonus, I have their permission to reproduce that piece here as well. Bang(ish) up to date. So there you go, two articles on datasets and FOI for the price of one right here at foiman.com.

Next week I’ll be bringing you a piece on handling vexatious requests. And there may be one or two other posts in the next week or so (including another guest post from academic researcher Joe Reddington), so keep your eyes peeled.