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Information Commissioner & Tribunal Decisions – what do they mean in practice

Photo: Freedom of Information Act 2000

Photo: Campaign for Freedom of Information

When: Wednesday 1 November 2017
Where: Free Word Centre, 60 Farringdon Road, London EC1R 3GA
Time: 1:30 – 5:00 pm

The Information Commissioner has issued over 10,000 decision notices under the Freedom of Information Act and Environmental Information Regulations – while the Information Rights Tribunal has published over 1,800 decisions. A significant number of appeals to the Upper Tribunal and courts have also been decided. These complex decisions are essential materials for anyone trying to understand what public authorities must do to comply with the legislation.

This course, now in its 12th year, is aimed at experienced FOI practitioners and others with a good working knowledge of the legislation. It highlights the latest developments in the way the exemptions, public interest test and the legislation’s procedural requirements are being interpreted.
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Using the FOI Act training

Photo by Sanwal Deen on Unsplash

When: Wednesday 4 October 2017
Where: Free Word Centre, 60 Farringdon Road, London EC1R 3GA
Time: Registration 9:45 am, course 10 am – 5:00 pm

Do you want to learn how to use the Freedom of Information Act? Are you already using the Act, but want to know more about how key provisions are being interpreted?

Making a FOI request is straightforward but making an effective request can be more difficult. Requests that ask for too much information can be refused – and some information may be exempt. But a well thought-out request can have a powerful impact, revealing that a policy isn’t working, an authority isn’t doing its job or generating key information for your research.

This practical course is designed to help campaigners, researchers, journalists and others make the most of the Act and the parallel Environmental Information Regulations. It explains the legislation, shows how to draft clear and effective requests, describes how to challenge unjustified refusals and highlights critical decisions of the Information Commissioner and Tribunal. The course’s interactive sessions will encourage you to work out how best to apply the Act in a variety of situations. The course is aimed at both beginners and those who are already using the Act but want to do so more effectively.
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Bring housing associations and public service contractors under FOI

The Campaign for Freedom of Information has drafted a bill which would bring both housing associations and private contractors providing public services under the Freedom of Information Act.

Housing associations

Housing associations are not subject to the FOI Act and can refuse to answer requests about fire risks, safety problems, eviction policies, waiting lists and other matters.
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Queen’s Speech proposals will lead to “unnecessary increase in NHS secrecy”

A draft Bill set out in today’s Queen’s Speech will lead to an unnecessary layer of secrecy about investigations into patient deaths and injuries, says the Campaign for Freedom of Information.

The draft Patient Safety Bill will put the work of the newly formed Healthcare Safety Investigation Branch (HSIB), which investigates selected NHS safety incidents, on a statutory basis. The HSIB will be required to publish reports of its investigations, but will be prohibited by law from revealing any other information obtained during its investigations. FOI requests for such information will automatically be refused.
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Challenge to security bodies’ exclusion from FOI

The Campaign has joined ARTICLE 19 and the Access to Information Programme (Bulgaria) in a joint intervention in a European Court of Human Rights (ECtHR) case involving GCHQ. GCHQ, like other security bodies, is not covered by the UK FOI Act. Information which public authorities hold about, or which has been supplied by, security bodies is protected by an absolute exemption.

The case has been brought by Privacy International and follows a recent decision of the Grand Chamber of the ECtHR that Article 10 of the European Convention on Human Rights provides a right to information from public authorities. The right applies to information requested by someone acting in a ‘social watchdog’ role seeking to contribute to public debate on a matter of public interest. The joint intervention argues that the UK’s blanket ban on any FOI disclosure of any kind about the security services in all circumstances is disproportionate and so breaches Article 10. It includes an analysis by the Campaign of the position of security services under the FOI laws of 44 Council of Europe states (paragraphs 41-58).

Whistleblowers and journalists face prison for revealing information that could be obtained under FOI

 

 

 

 

 

New proposals by the Law Commission to reform the 1989 Official Secrets Act (OSA) could lead to the imprisonment of civil servants and journalists for disclosing information that would be available to anyone asking for it under the Freedom of Information Act, say the Campaign for Freedom of Information (CFOI) and ARTICLE 19.

The Law Commission is proposing to make it easier to secure convictions under the 1989 OSA by weakening the test for proving an offence. But the proposed weaker test would catch information that would have to be disclosed under the Freedom of Information (FOI) Act, say the CFOI and ARTICLE 19.

In a joint response to the Law Commission proposals, ARTICLE 19 and the CFOI are concerned that:

  • Whistleblowers and journalists could be convicted for revealing information about defence, international relations or law enforcement that is unlikely to cause harm
  • Leaking information that anyone could obtain by making an FOI request could be an offence
  • It would not be a defence to show that the information had already lawfully been made public under the FOI Act or otherwise – unless the information had also been ‘widely disseminated’
  • Someone revealing danger to the public, abuse of power or serious misconduct would not be able to argue that they acted in the public interest
  • Maximum prison sentences on conviction, currently 2 years, would be increased.

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Using the FOI Act training course

Photo by Dương Trần Quốc

Photo by Dương Trần Quốc

When: Monday 22nd May 2017
Where: Free Word Centre, 60 Farringdon Road, London EC1R 3GA
Time: Registration 9:45 am, course 10 am – 5:00 pm

Do you want to learn how to use the Freedom of Information Act? Are you already using the Act, but want to know more about how key provisions are being interpreted?

Making a FOI request is straightforward but making an effective request can be more difficult. Requests that ask for too much information can be refused – and some information may be exempt. But a well thought-out request can have a powerful impact, revealing that a policy isn’t working, an authority isn’t doing its job or generating key information for your research.

This practical course is designed to help campaigners, researchers, journalists and others make the most of the Act and the parallel Environmental Information Regulations. It explains the legislation, shows how to draft clear and effective requests, describes how to challenge unjustified refusals and highlights critical decisions of the Information Commissioner and Tribunal. The course’s interactive sessions will encourage you to work out how best to apply the Act in a variety of situations. The course is aimed at both beginners and those who are already using the Act but want to do so more effectively.
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Proposal would lead to indiscriminate secrecy about NHS safety investigations

A new legal block on the disclosure of information about NHS safety investigations will fuel public suspicion of cover-ups and protect poor quality inquiries from scrutiny, says the Campaign for Freedom of Information.

The Department of Health has proposed new arrangements for investigating serious hospital safety incidents. The aim is to encourage staff to speak frankly to investigators about mistakes they may have made without fear of being victimised. As a result, only the investigation report could be published. A new legal prohibition on disclosure would prevent the actual evidence obtained by investigators from being released under the Freedom of Information (FOI) Act. A hospital would not be able to release it voluntarily even if it wanted to and Parliament would not be able to obtain it either.
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Freedom of Information at 250 Event

foi250The Campaign took part in an event on 8th December 2016 to celebrate the 250th anniversary of the world’s first ever freedom of information law, adopted in 1766 by Sweden and Finland which at the time were one country. The event was hosted by ARTICLE 19, the Embassy of Sweden, the Embassy of Finland and the Information Law and Policy Centre at the Institute of Advanced Legal Studies.

The evening session provided the first opportunity for many people to hear from the new Information Commissioner, Elizabeth Denham, on her priorities for Freedom of Information.
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Landmark ruling on Article 10

In a landmark decision, the Grand Chamber of the European Court of Human Rights has ruled in the case of Magyar Helsinki Bizottság v. Hungary that there is a right to information from public authorities under Article 10 of the European Convention on Human Rights. The UK’s Supreme Court had previously found that the Strasbourg court’s case law had not established this – but the new decision clearly does so.
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