Open lecture given at Birmingham City University, December 2014

1. FOI, EIR, DP:
Using the law to
get information

2. What I’ll cover:
• Great ideas for exclusive stories
• Your rights to information
• Exemptions and excuses: tips for
fighting your corner

3. Great ideas
A simple way to get exclusive stories

5. Freedom of Information (FOI)
• Any information held by public bodies
• Documents and/or data
• You’ve paid for this already: it’s your
right to know*
* See later!

6. Any information that is held by
a public body
•Crime: reports, arrests, convictions
•Sports: funding, participation
•Arts: funding, participation
•Education: achievement, spending
•Health: staffing, disease, mistakes
pinboard.in/u:paulbradshaw/t:foi

9. What could you ask?
• Topical issues: how widespread?
• Policies: what impact/are they needed?
• Claims: do the facts support them?
• Curiosity: no one has ever asked!

16. It takes just 5 seconds
1. Search
2. Make
3. Send.

24. Look for ideas and examples
• Google Alerts: “freedom of
information” in Google News
• FOI Friday by David Higgerson
• FOI Directory by Matt Burgess
• WhatDoTheyKnow.com

26. Look for ideas and examples
• Google Alerts: “freedom of
information” in Google News
• FOI Friday by David Higgerson
• FOI Directory by Matt Burgess
• WhatDoTheyKnow.com
• Disclosure logs on each body’s site

28. Who could you ask?
• Regulators: energy, water, health,
education, sport, gambling, industry
• Local government: roads, schools,
health, welfare, housing, environment
• Central govt: welfare, justice, health,
immigration, universities

30. Who could you ask?
• Local health bodies: CCGs
• Local police forces: reports, arrests,
charges
• Central govt: welfare, justice, health,
immigration, universities

36. *“Your right to know”?
Exemptions:
• Cost: >18/24 hours (local/central)
* See later!

37. Don’t worry.
They have to ask first.

39. They are obliged to help you get
it under the cost limit
(And you can anticipate that)
https://www.whatdotheyknow.com/request/flexible_working_applications_fo

40. But sometimes...
...they just don’t care.

42. *“Your right to know”?
Exemptions:
• Cost: >18/24 hours (local/central)
• ‘Absolute’ vs ‘qualified’ exemptions
• Qualified exemptions based on
judgement: body must argue case
* See later!

43. Absolute exemptions
1. Accessible by other means
2. State security bodies
3. Court records
4. Parliamentary privilege
* See later!

44. http://www.telesurtv.
net/english/news/UK-Police-
Obstruct-Spying-Investigation-
20141110-0030.html

45. Absolute exemptions
5. ‘Prejudice the conduct of public affairs’
6. Personal data
7. Provided in confidence
8. Legally prohibited (e.g. contempt, other
laws)
* See later!

47. Qualified exemptions:
public interest vs...
1. ‘Prejudice’ of law enforcement,
economic/commercial interests,
international relations, etc.
2. ‘Class’ exemption: national security,
policy formulation, etc.
3. Commercial information * See later!

48. What if they say no?
• Ask for their evidence/argument
• Does it apply to whole, or part?
• Internal appeal
• Appeal to the ICO*
• Appeal to higher bodies (High Court,
etc)

49. ICO = Information
Commissioner’s Office
• Responsible for upholding FOI, DP, EIR
• Publishes guidance
• Hears appeals...
• ...and makes judgements

50. http://search.ico.gov.uk/ico/search/decisionnotice

51. How do you tell the story?
• Data tells you why it matters
• Documents give you the detail
• People tell us why we should care

56. Phrasing the request to get the
right details
• Have an idea what the story is - and
what information you’ll need to tell
that.
• Find out what info they collect
• Don’t make assumptions: be specific

64. Don’t forget context.

67. EIR:
• Useful alternative to FOI if you can find
an environmental angle
• Fewer exemptions

68. Data Protection Act:
• Request any information held about you
(or ask someone to request their own
info)
• Can be a small charge

69. Key points:
• Start with a good idea that can wait 4
weeks+
• Find out what they know first
• Anticipate excuses

70. Brooke: Your Right To Know
Amin & Montague: FOIA Without The
Lawyer
Amin & Montague: EIRs Without The
Lawyer
Further reading.

71. Delicious.com/paulb/foi
Delicious.com/paulb/foieg
Delicious.com/paulb/eir
Delicious.com/paulb/dataprotection
Bookmarks

72. Questions!

73. Draft an FOI around an electoral issue
for 2015, e.g.
- NHS
- Immigration
- Welfare, e.g. living wage, sanctions
Task: