Freedom of Information during the pandemic

The Coronavirus (COVID-19) pandemic is having an impact on response times to Freedom of Information requests. Please see this information from the Information Commissioner’s Office, and the Scottish Information Commissioner. You can contact the WhatDoTheyKnow team if you have any questions about your requests.

At times of crisis, the need for factual information is clear — and Freedom of Information is the lawful mechanism by which we can demand it. And yet, it is becoming increasingly obvious that across the world, rights to information are being eroded, by design or by circumstance, as governments and authorities deal with the effects of COVID-19.

Rather than restrict access to information, at this time bodies should be moving towards proactive release, and any necessary restrictions that are put in place must be temporary and time limited.

Keeping our rights intact

At WhatDoTheyKnow we are, of course, resolute that we must not allow the current situation to cause lost ground in the right to hold our authorities accountable.

Nonetheless, we do of course recognise the difficulties involved for authorities in keeping a service running at a time when the workforce may be depleted, staff may be working from home and not able to access physical files, and resources may be quite rightly being prioritised on the frontline of the fight to keep the population safe.

We call for a common sense approach that balances this new working environment with the enhanced need for public information:

  • A recognition that not all authorities and not all departments will be equally affected by the current crisis. While it is clear that those which are working in the areas of health, policing, and other frontline activities are likely to be the least able to dedicate resources to FOI, other authorities/departments should do all they can to keep their channels of information open and active.
  • In the spirit of transparency and public interest, all authorities should commit to the proactive publication of information, without the need for it to be requested. This should especially apply to decisions being made around public health, responses to COVID-19, and changes to rights and freedoms of citizens; and the data informing these decisions. Proactive publication requires fewer resources than responding to individual requests as they arise.
  • Measures that are put in place to relax the right to information during this fast-moving environment must be recognised as temporary and reassessed at regular frequent intervals. When the health crisis has passed, they must be removed and the right to information must be restored to the same, or better, status as previously enjoyed by citizens.

Information is vital

More than ever, now is the time to ask questions: what plans do our governments have in place to tackle this unprecedented threat? What research is guiding their actions? How are they meeting targets for testing, for vital equipment, for hospital beds?

Or, just as importantly, as Julia Keseru asks in this piece: how are the most vulnerable in society being impacted by the broad stroke decisions being implemented?

In the UK, the government has stated a commitment to transparency: “In fast moving situations, transparency should be at the heart of what the government does”. But the gaps in existing data are noted by Jeni Tennison here, alongside a call for private companies to do what they can.

And at the same time, we’ve seen a relaxation of authorities’ obligations under the FOI Act in recognition of stretched resources and depleted staff.

These have taken the form of a notification from the ICO that they will be more lenient towards authorities providing late responses, and messages from authorities themselves that they will be providing a cut-down service.

Guy’s Hospital, for example, is understandably responding with a plea for people to consider whether their request is really required; while Bournemouth, Christchurch and Poole Council are auto-responding: “The Council is not currently in a position to respond to your request. This is as a result of ensuring that all available resources are diverted to support the community and we can continue to deliver essential and priority services during the unprecedented crisis presented by COVID19. Please resubmit your request at a later date and not before 8th June“.

Scotland’s emergency bill, voted through yesterday, massively extended the deadline for responses despite intervention from campaigners and MSPs. As a result, WhatDoTheyKnow’s auto-prompts when an authority has not responded within the mandated timeframe are currently wrong, and we’ll be looking at correcting this as soon as we can. [Update: We now account for the new law in Scotland, but there may be a few existing requests or authorities that we’ve missed out, so please get in touch if you have questions about your request.]

Information doesn’t just allow us to hold our governments to account over the actions they take during this crisis. As Newspeak House’s Corona Virus Tech Handbook has vividly demonstrated, shared knowledge allows collaboration, in some cases across borders, that may literally save lives.

A global lapse

Meanwhile, in countries around the world, the reaction has ranged from New Zealand’s ‘pro-transparency’ response, documented along with less hopeful dispatches from other countries in this post from Global Investigative Journalism Network, to Hungary’s worrying move to rule by decree.

At WhatDoTheyKnow, we stand by our international community of friends and colleagues who value the citizens’ right to know.

Access to Information and journalists’ networks are monitoring the erosion or upholding of our rights across the world, and will act to preserve them where we can.

Image: Dimitri Karastelev

Source: MySociety.org

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