Journalists play an essential role in scrutinising the actions of government and public authorities, and in informing the public about decisions and actions that affect their lives. To do this, they often turn to the Freedom of Information Act to obtain information that is not otherwise in the public domain. Yet research by the London School of Economics suggests that journalists’ experience of the FOI process, particularly when dealing with central government, can be characterised by delays, unresponsiveness and refusals on grounds that may be difficult to verify.
From the perspective of information governance and FOI professionals, however, the picture can look rather different. They are often working under significant resource and workload pressures, while dealing with journalists who may be seeking information against tight publication deadlines or hoping to secure a newsworthy “scoop”.
So how can public authorities and journalists navigate these competing pressures?
And what can FOI professionals do to handle journalists’ requests in a way that is both legally sound and constructive?
We answer these questions in episode 9 of the Guardians of Data podcast.
Ibrahim Hasan was joined by Martin Rosenbaum. Martin spent 16 years at the BBC as the organisation’s leading specialist in using FOI for journalism. Over that time, he broke major stories, trained reporters, and took cases all the way to tribunal hearings.
Martin is also the author of Freedom of Information: A Practical Guidebook .
Martin’s experience provides some practical lessons for anyone responsible for handling FOI requests from journalists.
Don’t treat journalists differently
The first principle is perhaps the most important. A journalist is simply another requester under FOI.
As Martin explains, FOI gives journalists a legal right to seek information that might otherwise be difficult to obtain. That does not mean every request should be disclosed, but neither should the identity of the requester influence the application of the legislation. For an information governance professional, the task is to apply the law properly, regardless of whether the requester is a journalist, campaigner, researcher or member of the public.
Good relationships can reduce the FOI burden
It is tempting to see journalists and FOI officers as being on opposite sides.
Martin’s experience suggests that this is unnecessary. A constructive professional relationship and good communication can actually reducethe workload associated with FOI.
Communicate early
One of Martin’s strongest messages is the importance of communication. Journalists often work to publication deadlines. That does not change the statutory requirements of FOI, but it does make prompt communication particularly valuable. From a journalist’s perspective, being contacted on day 19 to clarify something that could have been resolved on day two or three can be extremely frustrating.
If a request is unclear, contact the journalist as soon as possible. A quick telephone conversation can often establish what the journalist is actually looking for, whether the information is held and how records are organised. It can also prevent the authority spending time searching for information that will not answer the journalist’s question.
It can also help establish whether information can simply be provided without the need for a formal FOI process. Martin recalls situations where discussions with FOI professionals saved both sides considerable time by identifying information that was not held, explaining terminology or suggesting a more productive approach.
Don’t confuse sensitivity with exemption
Some requests from journalists will concern controversial or embarrassing subjects. That is part of the nature of investigative journalism. The potential consequences of publication should not become an informal additional exemption.
Martin’s own experience demonstrates the value of persistence within the FOI system. Information initially withheld can sometimes be disclosed following an internal review, an ICO investigation or an appeal to the tribunal. He believes that information can sometimes be withheld too broadly at an early stage, with more detailed consideration later resulting in additional disclosure.
The two rules to remember
Asked for his best advice, Martin offered two pieces: Think clearly about what you really want and talk to people. These apply to both sides of the FOI process.
For journalists, a precise request is more likely to produce the information they actually need. For information governance professionals, early communication can make requests easier to understand, search and process. The result is not necessarily less FOI. It is better FOI: a process in which requests are dealt with properly, resources are used sensibly and information that should be in the public domain is made available. And ultimately, that is what FOI is there to achieve.
Listen to the podcast
Listen to the full episode 9, in which Martin also discusses his experiences using FOI to investigate government, his battles with other public authorities, taking cases to tribunal, the impact of AI on FOI and what he would like to see FOI change in the future.
If you want more perspectives on this important topic be sure to check out our other podcast episodes. In Episode 3, Maurice Frankel, the Director of the Campaign for Freedom of Information explains the history of FOI and his views on current and future challenges to the legislation. in Episode 14 barrister, Saara Idelbi, gives advice on handling AI generated information requests. Finally, Episode 17 Ben Worthy discusses the research studies that he has conducted into FOI practice, to give us an insight into the effectiveness of FOI in achieving transparency. We also explore what FOI can (and can’t) achieve and where transparency in the UK might be heading next.
