Public records

Colleagues from the ICO’s FOI Directorate share their experiences and involvement in raising awareness of our regulation of access to information legislation.

Supporting you to meet your information access requests - 24 February 2021

• We speak regularly about supporting you to meet your requirements, and weve published two new products to help you achieve that goal.
• The new topic allows you to self-assess your performance when you refuse requests because they exceed the appropriate cost limit.
• At the same time, weve published top tips for dealing with information access requests.
• Born out of our London Boroughs work, the tips can be used across all organisations dealing with information access requests.
• We hope our resources prove useful and well continue to develop tools to help our information access colleagues in achieving their obligations.

Continued support to reflect these unprecedented times - 9 October 2020

• Our revised regulatory approach states that we will:
  • continue to accept new information access complaints;
  • expect public authorities, with request backlogs, to establish recovery plans to return to compliance with the Freedom of Information Act within a reasonable timeframe;
  • consider unpausing formal monitoring and regulatory action that was in train before the pandemic;
  • encourage public authorities to proactively publish important information; and
  • expect organisations to appreciate the ongoing importance of proper record keeping.
  • Informed by what we are being told by organisations, we have made further changes to our regulatory approach.
  • This marks another step towards returning to our pre COVID-19 approach, but with the caveats and exceptions that reflect the reality of these unprecedented times.
  • Our approach remains pragmatic and we will continue to support public authorities to ensure peoples information rights are protected.

FOI and coronavirus – preparing for recovery - 17 July 2020

• As the UKs response to COVID-19 continues to evolve towards recovery we have made changes to our adapted regulatory approach.
• To help with this we have launched an FOI toolkitdesigned to help public authorities self-assess performance in responding to FOI requests.
• We hope the toolkit will become a staple part of FOI practitioners continual learning and that it will promote good practice.
• We would also like to thank the Scottish Information Commissioner and his team for their assistance during the toolkits development stage.

How we will regulate freedom of information during coronavirus - 16 April 2020

• As the coronavirus crisis began to take hold, we blogged about the unprecedented challenges facing public authorities and how redirecting resources and switching priorities would impact on their compliance with freedom of information.
• The ICO has published a document setting out our regulatory approach during the COVID-19 pandemic.
• We will continue to support transparency in public decision making but our regulation of freedom of information must be pragmatic and empathetic during the pandemic.

FOI and the coronavirus: a measured approach - 16 March 2020

• In particular we understand that resources, whether they are finances or people, may be diverted away from usual compliance or information rights work.
• Whilst we cant extend statutory timescales, we will not be penalising public authorities for prioritising other areas or adapting their usual approach during this extraordinary period.
• We are a reasonable and pragmatic regulator, one that does not operate in isolation from matters of serious public concern.

Further Reading

What you hear, what you know - addressing common misconceptions of FOIA and EIR - 06 February 2020

Those of us working in public authorities have become accustomed to the processes of the Freedom of Information Act (FOIA), but the law may still seem complex for many members of the general public, so we need to be mindful of that when responding to people who make requests. This blog post sets out some common public misconceptions and explains how we can smooth the path for people wishing to exercise their information rights.

What you hear

I can use the Freedom of Information Act to request information from any organisation that receives public funding.

What you know

Just because you receive public funds, doesn’t mean you’re a public authority that falls within scope of the FOIA. Under FOIA, ‘public authority’ means any organisation listed in Schedule 1, designated under section 5 or a publicly-owned company as defined by section 6. Remember the FOIA may apply to information in the possession of other organisations, like contractors, who hold it on behalf of a public authority.

What you hear

The Freedom of Information Act and the Environmental Information Regulations can give me access to my personal data.

What you know

• As a public authority, you should explain that you need to handle this as a data protection subject access request under data protection legislation.
• Remember, personal information about a third party can be requested under FOIA or EIR, but you must consider whether disclosure of third party personal data would contravene data protection legislation.

What you hear

I want to make a request for information but I need to know if I use FOIA or EIR first.

What you know

You can’t refuse to deal with someone’s request simply because they don’t know which law to follow. It is your responsibility to process the request under the correct regime, and you should let the individual know which one their request falls under. You should also make it known, perhaps via your website, that people do not need to specify which regime they are making their request under.

What you hear

I’m only going to receive information from a public authority in the format that it was originally recorded.

What you know

• What is reasonably practicable will depend on factors such as how the information is held, the cost of complying with the preference, your resources and security.
• You may also charge a fee to cover the cost of communicating the information.
• If youre not communicating the information by the preferred means, it is good practice to discuss this with the individual to find an acceptable alternative.

ICO attends the second ICIC FOI case handling workshop -23 January 2020

• Update from our peers:
  • The Freedom of Information Act 2018 will soon be enacted in Gibraltar. Some key differences to our legislation include applicants must be over 18 and a resident of Gibraltar, an applicant must specify that the request is being made under the Freedom of Information Act and there is an application fee for making a request. The legislation does not currently have a cost limit threshold (similar to section 12 FOIA) however this is currently under discussion.
  • In Slovenia responses can be extended to 30 working days where ‘third party’ interests are involved to allow consultation on disclosure / the application of exceptions. When investigating complaints, Slovenian colleagues have the power to inspect and search premises and fines can be imposed if a body does not comply with an investigation or decision. There is no tribunal process to appeal a decision, if a body disagrees with a decision they can only challenge this through the courts.
  • The Cayman Islands highlighted a real culture shift to a much more pro-active release of information such as travel expenses and meeting minutes. In this jurisdiction, it was however interesting to hear that requests can be made using pseudonyms and that 80% of requests come from the media.
  • Hungary delivered an interesting presentation on the impact of the requirements of disclosure of information under other pieces of legislation and how this sits with its Freedom of Information law.
  • The Philippines explained that despite not having FOI legislation, almost all agencies implemented FOI and that they are currently in the process of applying to join the ICIC.
  • Hosted by the Gibraltar Regulatory Authority, the annual workshop provides an opportunity for different jurisdictions across the globe to share working practices and ideas.
  • ICO colleagues in attendance provide an overview of the event.
  • During the two day workshop a number of presentations, Q&A sessions, group discussions, and case studies took place and it was interesting to hear the similarities, but also the differences between the various information access regimes.
  • Our own guidance is beginning to be reviewed and updated, in line with Opennness by Design: The Information Commissioners strategic plan 2019/20-2021/22.
  • The ICO has recently been accepted as a member of the ICIC something that we would encourage all of our international colleagues to look into doing.

ICO accepted as an International Conference of Information Commissioners (ICIC) member - 09 January 2020

• Gill Bull, the ICOs Director of Freedom of Information Complaints and Compliance, notes a further milestone as the ICO is formally accepted as a member of the ICIC.
• Were delighted to start the decade by being formally accepted as a member to the ICIC, the global network that fosters the protection and promotion of access to information.
• Indeed in her recent speech for Mexico Citys National Transparency Week conference, Information Commissioner Elizabeth Denham said: Access to information is a growing right.
• By sharing our experience and expertise internationally we guard against that.Such a responsibility is an important part of the work of the International Conference of Information Commissioners the ICIC.
• We are a collective voice in the international community, raising awareness of issues that impact upon access to public informationCrucially, we discuss how to bring information access statute to life.
• Such a responsibility is an important part of the work of the International Conference of Information Commissioners the ICIC.
• We are a collective voice in the international community, raising awareness of issues that impact upon access to public information Crucially, we discuss how to bring information access statute to life.
• How are we working with people requesting information, to make the process as straightforward as possible?


We look forward to working with our international colleagues in the pursuit of protecting and promoting access to public information. We also encourage other Information Commissioners to join the growing ranks of the ICIC. It’s easy to do and further information is on the ICIC website.

Access to Information in Turbulent Times - 19 November 2019

• This is the first in a series of blog posts covering our regulation of access to information legislation.
• The first post is by Gill Bull, ICOs Director of Freedom of Information Complaints and Compliance, who delivered the 2019 Bond Lecture at the British Records Association on 13 November 2019.
• I wanted to use the lecture to reflect on the many intersections between the work of archivists and access to information within the context of everyday FOI.
• And of course I began by challenging the view that access to information can be seen as a dry topic and one that is principally about systems.
• I spoke about the role that access to information has in creating trust and in democracy itself and quoted UNESCOs Guy Berger who described access to information as an issue that goes with the grain of history.
• If were a public authority, its the publics information and while there will always be a request and receive aspect of access to information rights, I queried whether we need to start talking about a more fundamental duty to provide information.

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• released today a video in its Brand Protection on Amazon series on the difference between Alibaba and Amazon when it comes to reporting brand infringement complaints and what Amazon can learn from its competitor.
• They also require business certificates, or identification cards, along with owner information and a trademark patent or copyright registration certificate.
• "Amazon would be well-served to follow in their footsteps by also requiring proof of ownership and authority when undertaking brand protection efforts.
• Its YouTube channel covers topics such as what to do when seeking brand protection and how intellectual property law (copyrights, trademarks and patents) can safeguard brands online.

• Good morning and welcome to our first virtual Information Contact Officer Network (ICON) information session.
• Our original presentation was scheduled to coincide with International Access to Information Day, a day proclaimed by the United Nations General Assembly in October last year to be marked on the 28 September thereafter.
• The day recognises the role that access to information plays as a foundation for participatory representative democracies.
• In fact the UNESCOs theme for this first internationally declared day, reflects the critical role of access to information in Saving Lives, Building Trust, Bringing Hope.
• As the information access officers and decision makers for your agencies, your role is critical to building trust through transparency, the OAICs theme for International Access to Information Day 2020.
• Ill be covering some of our recent international engagement, the impact of the pandemic, and some of the trends that have emerged.

International view and the pandemic

• In our joint statement we highlighted the need to:
  • Uphold the value of clear and transparent communications
  • document decisions and preserve records and
  • provide access to information throughout the COVID-19 pandemic.
  • And you are performing that role in unprecedented circumstances, in the midst of a global health crisis.
  • When the pandemic was declared, I joined with my interstate and international counterparts to emphasise the vital role that access to information plays in informing the community and building trust during a crisis.
  • In these situations, public authorities must make significant calls that affect public health, civil liberties and peoples prosperity.

The impact on your work

• As living with the COVID-19 pandemic becomes part of our everyday lives, it is vital that agencies recalibrate and reallocate resources that may have been diverted, to ensure responses to FOI requests are not delayed.
• In our advice released at the start of the pandemic, we suggested a range of measures to assist, including encouraging use of self-service or administrative access schemes, and explaining the possible impact to applicants and seeking their agreement to an extension of time.
• Where applicants did not agree to an extension of time, many agencies applied to the OAIC for an extension of time.
• The criticality of meeting statutory processing times is a matter we will return to this morning and is borne out by the agency statistical returns.

FOI statistics

• Each year, we gather statistics from agencies and ministers offices on how the system is operating, which are published in our annual report.
• Last year 79% of all FOI requests were processed within the applicable statutory time period compared with 83% the previous financial year.
• We understand that COVID has affected the ability of some Australian Government agencies to respond to FOI requests within the statutory timeframes.
• One of the main ways to reduce pressure on the FOI system is through more proactive publication of government information.

Information Commissioner reviews

• Applications for Information Commissioner or IC review of FOI decisions continued to grow in 201920, increasing by 15%.
• We implemented further process improvements and resolved more IC reviews during the reporting period than ever before up by more than 25% on the previous year.
• The trend over the past 5 years shows both a consistent increase in applications for IC review, and increases to the numbers of IC reviews resolved by the OAIC.
• However, the significant growth in IC review applications has contributed to the overall time taken to finalise applications, from 87% of IC reviews finalised within 12 months in 2015-16, to around 71% of IC reviews finalised within 12 months in 2019-20.
• In other trends we continue to see a significant number of IC reviews that challenge the adequacy of an agencys searches for documents within scope of an applicants request.

Disclosure log report

• Our desktop review examined the disclosure logs of 38government agencies to assess compliance and practices.
• The purpose of the review was to identify whether agencies and ministers are complying with their disclosure log obligations, and the extent to which they make documents available for download from their websites.
• At the same time, we will publish for consultation an updated draft of Part 14 of the FOI Guidelines (Disclosure log).
• This updated version has been informed by the findings of the desktop review of agencies disclosure logs.
• Generally, while it found that most agencies are largely compliant, it has identified a trend for agencies to require members of the public to contact them for access to disclosure log documents, instead of publishing them on a website.

Public servants’ personal information

• Last year we sought views on the disclosure of public servants names and contact details in response to FOI requests, or when requests are being processed.
• Accountability for the work public servants do is part of achieving the objects of the FOI Act to increase scrutiny, discussion, comment and review of the Governments activities.
• Public servants should expect to be subject to scrutiny.
• In considering this issue, we sought to apply the requirements for transparency and accountability in government with agencies responsibility to reasonably ensure public servants are safe at work and safe from harm.
• In general, it will only be appropriate to delete public servants names and contact details as irrelevant under section 22 of the FOI Act if the FOI applicant states, clearly and explicitly, that they do not require this information.
• Agencies and members of the public will have the opportunity to provide comment on the draft guidelines before they are finalised.

Open Government Partnership-Third National Action Plan

• I will also briefly update you on the progress of the Open Government Partnership.
• Under this partnership, Australia is now finalising its Third National Action Plan, following consultation with the public and civil society.
• The final plan is due to be submitted to OGP Global by 31 December 2020.
• One of the commitments is called Open by Design (the publics right to know), which is currently open for public comment (until 6 November).
• This commitment will develop principles to support and guide a consistent approach to the proactive release of information held by government.

Conclusion

• I expect it will be a topic of discussion at the meeting of the Association of Information Access Commissioners as we discuss the performance of our information access systems across the country.
• In conclusion, I would like to reiterate part of my joint statement with Information Commissioners and Ombudsmen in New Zealand and Australian states and territories to mark International Access to Information Day in September.
• Pro-active release of government-held information underpins an effective response to the pandemic, bush fires and other emergencies.
• Our work together continues to be vital to enhance access to information and through this, to promote transparency, accountability and representative democracy.