By: Russ
OfcomWatch Brief Guide to The Freedom of Information Act
To the public, secrecy means that there is something to hide: that officials can’t justify their decisions, are concealing their errors or have ignored legitimate concerns. They will be skeptical about what the authority tells them, less likely to follow its advice or believe its successes. ~ Maurice Frankel, The Campaign for Freedom of Information
The U.K.�s Freedom of Information Act (FOIA or Act) came into force on January 1, 2005. You may have read a few recent articles about information uncovered through the FOIA process. For example, one newspaper recently used FOIA to uncover information about Murdoch�s lobbying efforts associated with the Communications Act. But FOIA isn�t just for journalists; it�s an important tool for citizen-consumers to hold government accountable. Actually, you don�t even need to be a U.K. citizen, or even a consumer! All you need to be is a �person�, or as Ofcom says — �anyone�.
The full-text of the Act is available here. Here are the nuggets you need to know:
* Be smart. The FOIA applies to Ofcom. This does not mean, however, that every need for information from Ofcom should result in a FOIA request. Ofcom publishes a significant amount of information on its website; consult Ofcom�s website first before you bother the regulator with a FOIA request.
* Fees. You may be required to pay fees to cover your request. Ofcom generally has a duty under the Act to let you know the fees in advance if those fees are expected to be significant. My reading of the Act is that Ofcom can refuse your request if the total cost is expected to exceed �450, although I can�t imagine what information such a new regulator would possess that would be so costly to retrieve. FOIA requires requestors to pay for staff-time which could be �25 per hour. For more guidance on fees, click here. Don’t let the idea of fees put you off - I imagine the average FOIA request results in very minor fees, or no fees whatsoever.
* Timing. Ofcom should respond within 20 working days after receiving your FOIA request. Ofcom gets a small grace period until you pay the fees associated with the request, if any.
* If in doubt. Ask Ofcom! Section 16 of the FOIA requires Ofcom to cooperate with requestors of information by providing advise and assistance. Our experience with Ofcom is that the agency is very helpful in responding to enquiries. Try this email address: information.requests@ofcom.org.uk.
* Don�t like the outcome? Ofcom, of course, can withhold certain documents from public inspection. Part II of the FOIA details these exemptions (about 20 of them), most of which are fairly intuitive and include such things as law enforcement, national security, personal information, etc. If you remain unsatisfied, first, you should ask Ofcom to reconsider its decision. If you still remain unsatisfied, complain here, with the Information Commissioner. Section 50 of the Act specifies how the Information Commissioner resolves these types of disputes. And you can always contact OfcomWatch: We�ll see if we can assist you.
* Line-Drawing. Deciding what information to release under the Act is a matter of line-drawing by the regulator. It will be interesting to see how Ofcom resolves its needs to obtain sensitive information from regulatees and to engage in frank internal discussions about policy matters, balanced with the requirements of openness and accountability. We�ll keep an eye on this.
* Want to file a FOIA request with Ofcom? Here�s how:
Visit the Ofcom website. Click on �About Ofcom�. Click on �Governance and Accountability�. Click on �Freedom of Information Act 2000�. Click on �Request for Information�. Or skip those steps and just click here. Complete the easy-to-follow form. Ofcom, to its credit, has made it easy from a procedural standpoint. So, go for it!
* Give us the scoop. If you do file an interesting FOIA request with Ofcom, send a copy to OfcomWatch. Please also let us know how Ofcom performs.
Stay tuned folks�
Jan 12th 2005
Russ, I made a FOIA request of Ofcom on 1st January, which means I should here before the end of the month. I will write a post on the outcome.