At the Guardian's Masterclass on Investigative Journalism,
Helen Darbishire of Access Info gave a fascinating talk on our right of access
to information. Her presentation was entitled Your Right to Know: Legal Leaks. This is a topical subject in
Britain. 2015 marks the 800th anniversary of the Magna Carta. There is also
much discussion about a British bill of rights.
Following a brief history, Helen
explained that Freedom of Expression includes the Right of Access to
Information (UN Human Rights Committee, Article 19, 27 July 2011). Such information includes records held by a public body, regardless of the form in
which the information is stored, its source and date of publication (e.g. even
an official's handwritten notes).
There are two obligations:
i) Reactive - obligation to respond to FOI requests
ii) Proactive - obligation to publish information.
Helen gave the audience ten top tips to follow in pursuing
FOI requests
·
TIP 1
It might be public already!
·
TIP 2
Set
prejudice aside
(Don't assume that you will never get the desired information).
·
TIP 3
Know
your right/law
·
TIP 4
Keep
a record of your requests. Set an alarm.
European FOI time frames vary
Best in class:
Estonia, Iceland & Sweden at 5 days
Worst in class: Austria at 42 days
United Kingdom: 20 days
·
TIP 5
Think laterally
·
TIP 6
Go
public with your request
A request is a story. Campaign for an answer.
·
TIP 7
Be
prepared for the answer
Have experts on standby to help you analyse the data
on receipt.
·
TIP 8
Anticipate
exceptions
Send separate requests. Don't be too obvious in what you
are after.
Cross-referencing information can fill in blanks.
·
TIP 9
Appeal,
Appeal, Appeal
Know the deadlines. Ask for an expert. Cultivate pro bono
lawyers.
·
TIP 10
A
refusal is a story to publish
· BONUS TIP
It's your right: use it or lose it!
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