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UK Freedom of Information Act Comes Into Force

norfolkboy writes "The UK Freedom of Information Act comes into force today, 1st January 2005. Under the new law, passed by Parliament in 2000, all citizens will have information to any non-exempt information from ANY English, Scottish, or Welsh public sector authority or institution, and the information must be presented within twenty days."

42 comments

  1. Spinning disk anyone? by macz · · Score: 4, Insightful
    This is going to mean a boom for the storage industry. There is no way you can keep this content on tape and pull it back in the time frame specified at the scale that this will grow to.

    You might be able to use disposable media for an individual case, or a single agency, but the scalability issues that this implies mean that you will need a convenient, inexpensive medium that is also online.

    --
    ...But I digress. TREMBLE PUNY HUMANS!ONE DAY MY SPECIES WILL DESTROY YOU ALL!
    1. Re:Spinning disk anyone? by geekboy642 · · Score: 1, Insightful

      Not really, the U.S. has had similar laws for quite some time, and their filing system isn't all digital like you may be thinking.

      Also, they've got enough time built in to the law(minimum 20 days) that they can just charge a fee and run any papers through a copier.

      --
      Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
    2. Re:Spinning disk anyone? by macz · · Score: 2, Interesting
      Ahhh, but 20 (business days) from the initial request is a shorted deadline than our government has (ours used to be 60 days, but it might have gone to 30 days back in the mid eighties IANL)

      The clock starts upon receipt of the request, and must make its way through myriad, draconian bureaucracies before the actual request to pull the info, from a shelf, or off site is issued.

      The actual window to pull this data is much smaller that 20 business days might suppose. The only thing this lacks are serious consequences should the deadline pass without producing the non-exempt info. In typical British style the authorities are limited to saying "Stop! Or I shall have to say Stop! Again!" ie: this law has no real teeth, like Bobbies have no handguns.

      --
      ...But I digress. TREMBLE PUNY HUMANS!ONE DAY MY SPECIES WILL DESTROY YOU ALL!
    3. Re:Spinning disk anyone? by orthogonal · · Score: 1

      This is going to mean a boom for the storage industry

      Well it would be except the UK government just coincidently ordered that government agencies purge all old email -- nothing to do with this law, you see, just a desire to keep everything tidy!

      Whilst "deleted emails will be stored on back-up systems, these have been declared off limits to freedom of information requests because of the cost of accessing them".

      Tony Blair and David Blunkett: Labour's way of emulating Dubya Bush and John Ashcroft.

    4. Re:Spinning disk anyone? by Anonymous Coward · · Score: 0

      Well, it's not a coincidence - the whole point of the e-mail purge is to ensure that civil servants have properly filed their information so that they can find the stuff when they get FOI requests about it.

      But information which is not private or just transient working documents has been copied to shared hard drives or document management systems and is still accessible and covered by the FOI.

  2. Monty Python's Flying Saturday Night Boredom by Anonymous Coward · · Score: 5, Funny

    (scene: within a government office)

    Me: I plan to take advantage of this new "Freedom of Information Act" straight away! Hello! Under the Freedom of Information Act, effective today, I would like to see all you can give me on Foo.

    Government Representative: 'ello there. I believe information on Foo is exempt. Let me see.. yes. Yes it is. Sorry.

    Me: All right then. How about Bar?

    GR: Hmm, that's in volume 2. Let me see. Nope, exempt, can't let you see it.

    Me: Just a peek?

    GR: No.

    Me: Any blank pages I could squint at?

    GR: No, sorry, I can't even tell you if any pages are blank. It's exempt information, you see.

    Me: Okay how about Baz? You must have *reams* of data on Baz.

    GR: 'fraid not sir, it was made exempt just this morning. Rather a funny story actually, Smith here had finished making three copies of it and then Jones here said it had been made exempt. But then I bent over the shredder, and you'll notice I'm not wearing my tie today, because just at that momen--

    Me: ALL RIGHT, I'm in a bit of a hurry. Can you at least tell me what subjects people have asked about today under Freedom of Information Act? We've got Foo, Bar, Baz.. anybody asked about Qux?

    GR: I'm sorry sir, I don't know what you're talking about. Foo?

    Me: But we were *just talking* about Foo, don't you remember all that?

    GR: That information is exempt sir. Says so on page.. wait a minute I can't tell you about the memo we got. Exempt, you know.

    Me: What *can* you give me?

    GR: Oh! Well I've got a lovely pamphlet on the Freedom of Information Act! You can have as many of those as you want. Chock full of information! Completely non-exempt. Quite a good read, I'd say. Tells you all you need to know. Here you go.

    Me: What?? This is a pamphlet on dealing with terrorist attacks, except someone has replaced the words "terrorist attacks" with "freedom of information act" using a crayon. It doesn't even make sense: "In case of freedom of information act, you should keep a supply of tinned food on hand".

    GR: Oh yes. Got mine right here under the desk!

    Me: It's time for the big foot to come down now and end this skit, isn't it? Gone on too long without a proper ending hasn't it?

    GR: Yes sir, indeed... blimey, the wife! Fancy some spam before we go?

    1. Re:Monty Python's Flying Saturday Night Boredom by Anonymous Coward · · Score: 4, Funny

      Sir,

      I wish to write and complain about the previous post, it was most derivative and possibly even accurate.

      Please ensure that all culpable ACs are banned.

      Your's Sincerely

      Captain Ronald McTrevor, Necromancer (deceased)

    2. Re:Monty Python's Flying Saturday Night Boredom by WhatAmIDoingHere · · Score: 0, Redundant

      That wasn't funny at all.

      --
      Not a Twitter sockpuppet... but I wish I was.
    3. Re:Monty Python's Flying Saturday Night Boredom by BaldGhoti · · Score: 1

      It was if you imagine it with a British accent.

      --
      [insert witty sig here]
    4. Re:Monty Python's Flying Saturday Night Boredom by WhatAmIDoingHere · · Score: 0

      Not really, it wasn't silly and it made the baby Jesus cry.

      --
      Not a Twitter sockpuppet... but I wish I was.
  3. Still copyrighted, though? by anthony_dipierro · · Score: 2, Interesting

    I assume works created by the UK government will still be subject to crown copyright, though. So you'll have access to the information, but you can't republish it.

    1. Re:Still copyrighted, though? by phoenix.bam! · · Score: 1

      Can the UK government own copyright? I think in the US the government's works are owned by the people and automatically in public domain. Of course I have no clue about the UK because i live in the US but whatever.

    2. Re:Still copyrighted, though? by Zachary+Kessin · · Score: 2, Informative

      Pretty much all works created by the brittish state are copyright to the crown. This is not really HM the Queen in person so much as the legal body that the crown represents.

      --
      Erlang Developer and podcaster
    3. Re:Still copyrighted, though? by Andy_R · · Score: 1

      Ahh, here's exactly why we need this bill! Why not juat ask them?

      All you need to do is put your question in writing (c/o Mr T. Blair, 10 Downing St. London) and they are legally obliged to tell you the answer within 20 working days.

      Isn't politics fun?

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    4. Re:Still copyrighted, though? by anthony_dipierro · · Score: 1

      Compare Work of the United States Government with Crown copyright. US government works are generally public domain. UK government works are generally copyrighted.

    5. Re:Still copyrighted, though? by Anonymous Coward · · Score: 0

      Thank you that was very informative.

    6. Re:Still copyrighted, though? by newsbrooke · · Score: 1

      It's true that the UK has draconian Crown Copyright laws but it has been established that releasing information under the Freedom of information act does not violate copyright law. However, it does stop you using and re-using the information you get in whatever way you want. It is worth noting, however, that Her Majesty's Stationery Office (the body that enforces Crown Copyright) has not brought any cases to court for violating Crown Copyright in their sole name. It is more common for departments to launch their own legal proceedings and inform HMSO. But this, too, happens infrequently and only involves money-making concerns. For example, since 1996 there have been nine cases involving OS mapping data and six cases instigated by the UK Hydrographic Office. The reality is that unless you're going to make money by distributing the information, you are unlikely to be prosecuted. The point remains, though, that this is information gathered and generated at public expense so why should the public have to ask permission to use it? This is not the case in United States where information created or collected by a public official in the course of their public duties is copyright-free. There can be no real freedom of information until Crown Copyright is abolished.

  4. Re: have information to any non-exempt information by ravenspear · · Score: 0, Offtopic

    you'd think the editors would proofread a submission

    You must be new here.

    No wait, I see you have a 5 digit UID. In that case, you must live in a hole with a blindfold on.

  5. My first request by AtariAmarok · · Score: 3, Funny

    My first request: What exactly IS the secret to royal breeding? I really want to know how you came up with such a perfect moral and physical specimin as the Prince of Wales. Such perfection cannot arise in the inferior non-noble classes, surely!

    --
    Don't blame Durga. I voted for Centauri.
    1. Re:My first request by Veccio · · Score: 1

      You're quite right to ask-- especially when you consider that this is the 'sire':
      http://www.savagepictures.co.uk/celebrities_2004/c elebs_pics_04/PRINCE%20CHARLES.jpg

      When you get the answer, please let us know!

  6. UK.gov shredding frenzy by skinfitz · · Score: 5, Informative

    The UK Government (lovely honest people that they are) have been having a paper shredding and email deletion frenzy ahead of this law coming into force.

    Of course it's just a coincidence - they just thought they would clean up all the old records by destroying lots of them. Nothing to see here, move along.

    1. Re:UK.gov shredding frenzy by Andy_R · · Score: 1

      I guess the mods all have hangovers, the link in the above "Score:5, Informative" post actually points to a story that says there is "No hard evidience" that there has been a paper shredding and e-mail deletion frenzy.

      Of course this might just mean that the UK Govt are very good indeed at shredding stuff...

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    2. Re:UK.gov shredding frenzy by 91degrees · · Score: 1

      The official line is that they're cleaning up as part of a process to make the data more easily accessible. This is perfectly reasonable if true. I like the fact that the government isn't wasting time storing heaps of obsolete usless information.

  7. Re: have information to any non-exempt information by Ignominious+Cow+Herd · · Score: 1, Funny

    I think they were trying to get an early jump on the "Worst article summary of 2005" award.

    --
    Lump lingered last in line for brains, and the ones she got were sorta rotten and insane.
  8. Big deal. by Anonymous Coward · · Score: 2, Interesting

    all citizens will have information to any non-exempt information

    Key word: non-exempt

    In other words, your citizens will have access to any information you decide to allow them access to. Very often, this results in releases of documents that are 90% blotted out, except for useless information like a few instances of "the", "and", etc.

    Not to mention, you have to know about a thing before you can even request information on said thing. This has not done wonders in the US.

    1. Re:Big deal. by Anonymous Coward · · Score: 0

      Very often, this results in releases of documents that are 90% blotted out, except for useless information like a few instances of "the", "and", etc.

      "the", "and", etc are not always useless. Assuming that the document doesn't use a monospace font (that's a big assumption), you can measure the spaces taken up by the blotted out areas and run statistical analyses, throw in a couple of cribs, and you could well end up with the plaintext.

  9. Offentlighetsprincipen by LeftOfCentre · · Score: 3, Informative
    1. Re:Offentlighetsprincipen by Troed · · Score: 0, Troll

      But you see, we (the Swedes) aren't THE LAND OF THE FREE so it doesn't count.

      Really.

      It only matters if you proclaim yourself to be THE LAND OF THE FREE - it doesn't really matter if you are. As long as the public believes in it. You see.

    2. Re:Offentlighetsprincipen by CrimsonAvenger · · Score: 1

      I see this doesn't actually point to the "Exceptions, covered by another law" mentioned. I'm slightly curious, but not enough to try to learn Swedish to find out.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  10. Re: have information to any non-exempt information by Anonymous Coward · · Score: 0

    Thats true, but pr0n is faster and safer. :)

  11. Re: have information to any non-exempt information by Anonymous Coward · · Score: 0

    Sorry, replyed to wrong post on wrong forum, please mod down.

  12. Is this part of the point of the FIA. by Martin+Spamer · · Score: 1


    That civil servants/govenrment departments are not carrying around old/obselete/dated/inappropriate/inaccrurate data.

    The fact that this act has forced a house cleaning is a good thing, you've fallen for politically motived spin. DDont forget previous governments had this data, but you had no right to ensure it was accurate or relevent.

  13. BBC iCan page has plenty of information by Andy_R · · Score: 3, Informative

    The BBC has an recently launched an interesting new area of it's website devoted to public involvement in politics, called iCan. As you might expect, it contains an excellent plain english guide to what you can and can't get information on, and how to go about it here

    --
    A pizza of radius z and thickness a has a volume of pi z z a
  14. Freedom of Information vs Strength of Bureaucracy by stuffduff · · Score: 1

    The problem is that you still have to address the appropriate agency, learn the location of the forms and manage to fill them out, then discover the actual location of the desk where you can hand them to some clerk who would really rather ponder how you got through the preliminaries, and how to improve them so neither you nor anyone else will ever achieve the feat again; only to have your request misplaced, mishandled, misdirected until the day when your friend drags you off to the put explaining that the end of the world is here!

    --
    "Can there be a Klein bottle that is an efficient and effective beer pitcher?"
  15. money making opportunity by Triumph+The+Insult+C · · Score: 1

    for those selling black permanent markers and xerox machines

    --
    vodka, straight up, thank you!
  16. kick bureaucrat ass by newsbrooke · · Score: 1

    I'm the author of 'Your Right to Know' and have put up a website to go along with the book: www.yrtk.org. You'll find lots of advice and various articles on FOI issues here (and links to buy the book, of course). I'm making a number of requests myself and would be interested to hear from anyone who sends out a request whether under the freedom of information act or the new Environmental Information Regulations. Even if your request is rejected, I'd like to what lame excuse was given. I plan on collecting an archive of such rejections in order to create a Hall of Shame.

  17. Re:Freedom of Information vs Strength of Bureaucra by norfolkboy · · Score: 1

    erm WRONG!

    If a UK public body holds the record *somewhere* in it, the body is obliged to find that record within the time limit.

    And the request can be made to ANY officer of the body.

  18. The ICO by Anonymous Coward · · Score: 0

    And, joy of joys, the ICO is supposed to be administering it.

    At least this time their web site acknowledges the fact. When the UK anti-junkmail regs were introduced at the back end of 2003 it took them a few months to realise that they were supposed to be involved, and until about July 2004 to respond to any issues raised in any sort of timely fashion.

    Still, it is better than nothing, and we've still enough elements of a free press here to start asking the awkward questions.

  19. Information Request Generator by jnix · · Score: 1
    All these new rights are all well and good, but still damn difficult to understand and make good use of. So...Friends of the Earth have put together this online tool to help people get hold of information from the powers that be - http://www.righttoknowonline.org/

    Just 4 steps and you can send your request by fax, email or good old fashioned letter to any of 40ish contacts, ranging from the Treasury to the Office of Fair Trading, from the Met Office to the Home Office.

  20. Let's see what's exempt: by lilmouse · · Score: 1

    With the help of the list of what is exempt (on the BBC's iCan page):

    * Information about civil or criminal investigations, including police investigations
    Sorry, we can't tell you if the person counting the votes is under an investigation for bribery.

    * Information that would endanger the safety or the physical or mental health of another
    Even if he was, we can't give you any information about him - he might get hurt in prison!

    * Trade secrets and information that might affect the commercial interests of an organisation or another person
    We can't tell you who he's chummy with and might be getting bribes from, either!

    * Information about the formulation of government policy, how a minister's private office works, ministerial communications and any advice received by a minister. This applies to the Welsh Assembly and central government
    Sorry, we also can't tell you how the person counting the votes would do it if he wasn't being bribed.

    * Information that may prejudice the work of the organisation in auditing the accounts and efficiency of another public body
    Sorry, we can't even give you the phone number of the Commissioner to complain to about voting fraud.

    * Information intended for future publication
    We can't even tell you about how such investigations work - what if he wants to write a book?

    And of course, even if that's not sufficient:

    * Qualified exemption: The public interest in withholding the information is greater than the public interest in releasing it

    Well, since the public outcry of workers protesting vote fraud would hurt the economy and business of Big Corportation X, and thereby damage the public interest, I'm afraid I can't give you any such information. In fact, I'll have to lock you up indefinitely...

    Ok, and for an encore, let's see what I can do once I put on my tin foil hat...

    --LWM

    1. Re:Let's see what's exempt: by kraut · · Score: 1

      > * Trade secrets and information that might affect the commercial interests of an organisation or another person
      This is particularly insidious. Surely tax payers should be able to find out how their money is spent?

      >* Information about the formulation of government policy...
      So we won't find out whether the Attorney General said "The Iraq War is legal" or not, at least not for another thirty years.

      >* Qualified exemption: The public interest in withholding the information is greater than the public interest in releasing it
      Nice one. A blanket exemption that you can't effectively challenge.

      --
      no taxation without representation!