IMs push on FOI limit

(CNS): Although many public authorities are publishing more information proactively and releasing more information, the Information Commissioner’s Office (ICO) has identified a worrying trend in its latest statistical analysis of how the law is working. While the proportion of requests granted in full or in part has increased since the law came into force in 2009, the time authorities take to do it is getting longer. The median average time in the first year was 21 days, But instead of decreasing, information managers are now taking an average of 30 days, which is the limit that the law allows.

Deputy Information Commissioner Jan Liebaers said on Tuesday that since the implementation of the law, some 2318 requests had been logged into the government system; however, the statistics were not accurate as they were aware that some requests were never logged, so the figure was likely to be higher. While more information was now being released by information managers, the bad news was they are taking longer.

“The thirty day rule is not a target; it is the maximum time allowed,” Liebaers stated at a press briefing to announce the launch of this year’s Right to Know week activities. He said that it was an unexpected trend, especially against the backdrop of more information being released. The statistics revealed that government is well over the legal time line when the mean average rather than the median is calculated, pushing the stats up to almost 60 days. It is apparent, therefore, that while some authorities are releasing information within the parameters of the law, others are taking months to do so.

Jennifer Dilbert, the information commissioner, pointed to the importance of the deadlines, which to the applicant waiting on the request already seemed a long period.

Despite a number of issues that still need to be addressed, overall people were using the law and FOI is making a difference, Dilbert said. “One of objectives of the law is to have a better informed public and we feel that’s happening and we are pleased with progress of law,” she said, noting that the goal was to make government more transparent and accountable and that was working.

Nevertheless, the commissioner said she still wanted to see more proactive disclosure of information and pointed to the need for IMs to demonstrate more clearly to applicants why information was being withheld. She said it is not enough for the public authorities to cite an exemption in the law without explaining to applicants the reason why it applies in the given case. Dilbert said that at the appeal and hearings stage her office was seeing too broad an approach, with authorities citing lots of exemptions without really understanding if they actually apply.

Right to Know day takes place on Friday 28 September but the office will be taking part in a number of events throughout the week to encourage more people to use the law under the theme, ‘It’s yours just ask’.

For more information go to www.infocomm.ky