The following was taken from a presentation by David Banisar, from the University of Leeds and Privacy International. He looks at what freedom of information means for journalists.
freedom of information
Is the right to demand information (documents, computer files, tapes, etc) from government bodies without having to show that you have a reason for doing so.
Is the right to know information that governments and private bodies hold about you and what they are doing with it.
why does it matter?
“A popular government without popular information or the means of acquiring it is but a prologue to a farce or a tragedy, or perhaps both. Knowledge will forever govern ignorance:, and a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”
James Madison
“Without publicity, no good is permanent; under the auspices of publicity, no evil can continue.”
Jeremy Bentham
FOI and journalism
• gives mechanism to access primary
• sources of information
• long-term investigative journalism
• scoops
• presumption of public information
• publication of basic information to make research easier
international sources of FOI
• UN Dec of Human Rights (Article 19 – right to seek information)
• UN Convention on anti-corruption
• European Convention on Human Rights (Articles 8 and 10)
• over 80 countries with constitutional right of access
right of access
Through the Freedom of Information Act, journalists have the right of access to information held by government bodies. This covers the state, local, and private entities conducting public business The type of information includes documents, records and files in physical, electronic and video format. The right applies to citizens, organisations and companies, the media don’t have a special right but are treated in the same way as the rest of the public.
exemptions
The following can be given as reasons for not releasing information under the Act:
• public order
• national security
• personal privacy
• internal deliberations
• foreign relations
• commercial secrets
appeals
If the information is withheld the requestor can ask the body applied to for an internal review. Following this there is the option for a secondary appeal to an external body.
duty to publish
This covers:
• structures, rules, regulations, contact information, etc.
• areas of interest: previously classified materials, internal guidance, request logs
• internet sites
stories
Canada – FOI requests and whistleblowers revealed that federal
government spent $250 million sponsoring Liberal Party affiliated
organisations in Quebec. This led to an inquiry and election defeat.
Ireland – stories based on FOI requests from the Irish Times that
revealed problems with the Campus Stadium Ireland project led to
its cancellation, saving an estimated €700 million.
Netherlands – requests by Dutch computer voting experts revealed
government concerns over e-voting and attempts pressure officials
and muzzle public critics.
Mexico – release of reports on murder and genocide by the government in the 1960s and 1970s.
threats to health
How Government Decided Lunch Box Lead Levels
By Martha Mendoza
The Associated Press
Sunday, February 18, 2007;
In 2005, when government scientists tested 60 soft, vinyl lunch boxes, they found that one in five contained amounts of lead that medical experts consider unsafe – and several had more than 10 times hazardous levels.
But that’s not what they told the public. Instead, the Consumer Product Safety Commission released a statement that they found “no instances of hazardous levels.” And they refused to release their actual test results, citing regulations that protect manufacturers from having their information released to the public.
That data was not made public until The Associated Press received a box of about 1,500 pages of lab reports, in-house emails and other records in response to a Freedom of Information Act request filed a year ago.
UFOs!
UFOs in East Anglia
The Times (London)
November 24, 2005,
Ten UFOs have been reported over East Anglia in the past three years, according to information prised out of the Ministry of Defence using the Freedom of Information Act. St Neots and Ely are especially “visited”. The lovely countryside and fine dining, obviously.
further information
www.privacyinternational.org/foisurvey
www.article19.org
www.freedominfo.org
www.cfoi.org.uk