Maura Adshead and Tom Felle (eds)
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780719097188
- eISBN:
- 9781526104281
- Item type:
- book
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719097188.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
Freedom of information (FOI) is important because it aims to makes government open, transparent and accountable. FOI legislation is based on the premise that people have the right of access to public ...
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Freedom of information (FOI) is important because it aims to makes government open, transparent and accountable. FOI legislation is based on the premise that people have the right of access to public documents, save for certain exemptions. The philosophy behind such legislation is that citizens have a ‘right to know’ how and why decisions are made by government in their name. In that context it could be argued that FOI legislation also has the potential to lead to more accountable government, less corruption and better democratic outcomes for states. This book traces Ireland’s experience of FOI legislation, from the first FOI Act in 1997, to the amendments that significantly constrained its provisions in 2003, to the proposed new revisions that will come into operation in 2013. Following from that, it looks at the operation and use of FOI from a series of perspectives: from a governmental perspective, taking views from public officials and politicians, in government and in opposition; from a state perspective, looking at the legal balancing act between keeping secrets and keeping government accountable; from a journalist perspective on the use and misuse of FOI; and from a citizen’s perspective, using FOI to develop active citizenship and engagement. Finally, taking all of these views into account, the book assesses the extent to which FOI has contributed to, and may continue to contribute to, political reform.Less
Freedom of information (FOI) is important because it aims to makes government open, transparent and accountable. FOI legislation is based on the premise that people have the right of access to public documents, save for certain exemptions. The philosophy behind such legislation is that citizens have a ‘right to know’ how and why decisions are made by government in their name. In that context it could be argued that FOI legislation also has the potential to lead to more accountable government, less corruption and better democratic outcomes for states. This book traces Ireland’s experience of FOI legislation, from the first FOI Act in 1997, to the amendments that significantly constrained its provisions in 2003, to the proposed new revisions that will come into operation in 2013. Following from that, it looks at the operation and use of FOI from a series of perspectives: from a governmental perspective, taking views from public officials and politicians, in government and in opposition; from a state perspective, looking at the legal balancing act between keeping secrets and keeping government accountable; from a journalist perspective on the use and misuse of FOI; and from a citizen’s perspective, using FOI to develop active citizenship and engagement. Finally, taking all of these views into account, the book assesses the extent to which FOI has contributed to, and may continue to contribute to, political reform.
Alasdair Roberts
- Published in print:
- 2006
- Published Online:
- January 2012
- ISBN:
- 9780197263839
- eISBN:
- 9780191734915
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263839.003.0007
- Subject:
- Political Science, Political Theory
In January 2005, the United Kingdom's Freedom of Information Act (FOIA) came into force, providing British citizens with a limited but justiciable right to government information. The Blair ...
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In January 2005, the United Kingdom's Freedom of Information Act (FOIA) came into force, providing British citizens with a limited but justiciable right to government information. The Blair government promised that the new law would make two important contributions to British political life. The first would be a fundamental change in the predispositions of officials regarding the release of government information. Lord Chancellor Charles Falconer predicted that the FOIA would lead to ‘a new culture of openness: a change in the way we are governed’. This fundamental ‘change in the way we are governed’ was expected to produce a follow-on effect: the restoration of public trust in government. The linkage between a ‘vigorous commitment to freedom of information’ and the ‘renewal of trust’ was often made in the months before implementation of the law. The critical point is that the FOIA does not reduce the political salience of complaints about governmental secrecy and lack of transparency in the public sector.Less
In January 2005, the United Kingdom's Freedom of Information Act (FOIA) came into force, providing British citizens with a limited but justiciable right to government information. The Blair government promised that the new law would make two important contributions to British political life. The first would be a fundamental change in the predispositions of officials regarding the release of government information. Lord Chancellor Charles Falconer predicted that the FOIA would lead to ‘a new culture of openness: a change in the way we are governed’. This fundamental ‘change in the way we are governed’ was expected to produce a follow-on effect: the restoration of public trust in government. The linkage between a ‘vigorous commitment to freedom of information’ and the ‘renewal of trust’ was often made in the months before implementation of the law. The critical point is that the FOIA does not reduce the political salience of complaints about governmental secrecy and lack of transparency in the public sector.
Bruce E. Cain, Patrick Egan, and Sergio Fabbrini
- Published in print:
- 2003
- Published Online:
- February 2006
- ISBN:
- 9780199264995
- eISBN:
- 9780191603259
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199264996.003.0006
- Subject:
- Political Science, Comparative Politics
This chapter tracks the expansion of Freedom of Information (FoI) laws in advanced democracies, and examine the patterns of usage by citizens and the press in a few selected cases. In 1970s, only ...
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This chapter tracks the expansion of Freedom of Information (FoI) laws in advanced democracies, and examine the patterns of usage by citizens and the press in a few selected cases. In 1970s, only four nations had FoI laws, now they exist in 16 advanced industrial democracies and the European Union. These information laws are heavily utilized in some nations, giving citizens and groups new access to information on government policies. When combined with an aggressive, independent, and investigative press tradition, FoI laws can be used effectively to increase government accountability.Less
This chapter tracks the expansion of Freedom of Information (FoI) laws in advanced democracies, and examine the patterns of usage by citizens and the press in a few selected cases. In 1970s, only four nations had FoI laws, now they exist in 16 advanced industrial democracies and the European Union. These information laws are heavily utilized in some nations, giving citizens and groups new access to information on government policies. When combined with an aggressive, independent, and investigative press tradition, FoI laws can be used effectively to increase government accountability.
Sudhir Naib
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198067474
- eISBN:
- 9780199081226
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198067474.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter summarizes the development, the growth, and the present trend in the freedom of information (FOI) movement and the general applicability of this doctrine within a global context. It ...
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This chapter summarizes the development, the growth, and the present trend in the freedom of information (FOI) movement and the general applicability of this doctrine within a global context. It begins by looking at the historical evolution of FOI, starting from the 1766 Swedish Freedom of the Press Act. It shows a notable increase in realising of the importance of information access, not only as a human right, but also as an important right for the promotion of good governance and the fight against corruption. The discussion shows that no less than 70 countries have implemented the Freedom of Information Act. The chapter also looks at the efforts of various international bodies for the implementation of FOI laws. A comparative study of FOI in five countries — India, United States, United Kingdom, Canada, and South Africa — is included.Less
This chapter summarizes the development, the growth, and the present trend in the freedom of information (FOI) movement and the general applicability of this doctrine within a global context. It begins by looking at the historical evolution of FOI, starting from the 1766 Swedish Freedom of the Press Act. It shows a notable increase in realising of the importance of information access, not only as a human right, but also as an important right for the promotion of good governance and the fight against corruption. The discussion shows that no less than 70 countries have implemented the Freedom of Information Act. The chapter also looks at the efforts of various international bodies for the implementation of FOI laws. A comparative study of FOI in five countries — India, United States, United Kingdom, Canada, and South Africa — is included.
Andrew N. Rubin
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691154152
- eISBN:
- 9781400842179
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691154152.003.0002
- Subject:
- Literature, Criticism/Theory
This chapter details the correspondence between the author and the Central Intelligence Agency regarding the release of information in line with the Freedom of Information Act. At the same time the ...
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This chapter details the correspondence between the author and the Central Intelligence Agency regarding the release of information in line with the Freedom of Information Act. At the same time the chapter builds on an emerging body of scholarship that examines the relationship between American postwar ascendancy and “cultural diplomacy” in the early years of the Cold War and decolonization. Few studies have considered how the Congress for Cultural Freedom's (CCF) underwriting reshaped and refashioned the global literary landscape, altered the relationships between writers and their publics, and rendered those whom it supported more recognizable figures than others. These practices were conceived as part of an orchestrated imperial effort to occupy a global public space that by 1948 had been largely dominated by the socialist rhetoric of the Communist Information Bureau (Cominform).Less
This chapter details the correspondence between the author and the Central Intelligence Agency regarding the release of information in line with the Freedom of Information Act. At the same time the chapter builds on an emerging body of scholarship that examines the relationship between American postwar ascendancy and “cultural diplomacy” in the early years of the Cold War and decolonization. Few studies have considered how the Congress for Cultural Freedom's (CCF) underwriting reshaped and refashioned the global literary landscape, altered the relationships between writers and their publics, and rendered those whom it supported more recognizable figures than others. These practices were conceived as part of an orchestrated imperial effort to occupy a global public space that by 1948 had been largely dominated by the socialist rhetoric of the Communist Information Bureau (Cominform).
Bruce E. Cain, Russell J. Dalton, and Susan E. Scarrow (eds)
- Published in print:
- 2003
- Published Online:
- February 2006
- ISBN:
- 9780199264995
- eISBN:
- 9780191603259
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199264996.001.0001
- Subject:
- Political Science, Comparative Politics
This book examines how established democracies have responded to citizen demands for greater access, transparency, and accountability. In a series of coordinated chapters, a team of international ...
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This book examines how established democracies have responded to citizen demands for greater access, transparency, and accountability. In a series of coordinated chapters, a team of international collaborators assesses the extent of institutional reform in contemporary democracies, and evaluates how the core actors of representative democracy are responding to the new structures. Different sections examine change in electoral institutions and practices, and in citizen input and influence through non-electoral institutions such as courts, bureaucracies, and Freedom of Information laws. Concluding chapters put the observed changes in theoretical perspective, and ask whether they constitute a transformation of democracy.Less
This book examines how established democracies have responded to citizen demands for greater access, transparency, and accountability. In a series of coordinated chapters, a team of international collaborators assesses the extent of institutional reform in contemporary democracies, and evaluates how the core actors of representative democracy are responding to the new structures. Different sections examine change in electoral institutions and practices, and in citizen input and influence through non-electoral institutions such as courts, bureaucracies, and Freedom of Information laws. Concluding chapters put the observed changes in theoretical perspective, and ask whether they constitute a transformation of democracy.
Kevin Dunion
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861223
- eISBN:
- 9781474406178
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861223.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter reprints the full text of the Freedom of Information (Scotland) Act 2002, which was passed by the Scottish Parliament on 24 April 2002 and received Royal Assent on 28 May 2002. The Act ...
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This chapter reprints the full text of the Freedom of Information (Scotland) Act 2002, which was passed by the Scottish Parliament on 24 April 2002 and received Royal Assent on 28 May 2002. The Act includes provisions relating to access to information held by Scotland’s public authorities, exempt information (such as those concerning national security and defence, international relations, commercial interests and the economy, law enforcement, confidentiality, court records, and personal information), general functions of the Scottish Information Commissioner, enforcement, historical records, codes of practice, and miscellaneous and supplemental topics.Less
This chapter reprints the full text of the Freedom of Information (Scotland) Act 2002, which was passed by the Scottish Parliament on 24 April 2002 and received Royal Assent on 28 May 2002. The Act includes provisions relating to access to information held by Scotland’s public authorities, exempt information (such as those concerning national security and defence, international relations, commercial interests and the economy, law enforcement, confidentiality, court records, and personal information), general functions of the Scottish Information Commissioner, enforcement, historical records, codes of practice, and miscellaneous and supplemental topics.
Rahul Sagar
- Published in print:
- 2016
- Published Online:
- October 2017
- ISBN:
- 9780691168180
- eISBN:
- 9781400880850
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691168180.003.0002
- Subject:
- Political Science, Political Theory
This chapter examines whether state secrecy is commonly abused in contemporary America. A number of scholars argue that the real and apparent abuses of state secrecy are due not to flaws in the ...
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This chapter examines whether state secrecy is commonly abused in contemporary America. A number of scholars argue that the real and apparent abuses of state secrecy are due not to flaws in the Constitution but rather to a lack of courage and wisdom on the part of representatives and citizens. The chapter challenges this claim and suggests that the Framers viewed state secrecy as an essential element of statecraft, and that they vested the authority to keep secrets in the executive because they saw it as best suited to exercise this power. It explains how the regulatory mechanisms that have been championed in recent decades, such as the judicial enforcement of the Freedom of Information Act, have proven ineffective at exposing wrongdoing. Meanwhile, the regulatory mechanisms that have proven effective at exposing wrongdoing, whistleblowing and leaking, are condemned as unlawful or undemocratic and therefore illegitimate. The chapter also considers oversight and regulation of state secrecy by Congress.Less
This chapter examines whether state secrecy is commonly abused in contemporary America. A number of scholars argue that the real and apparent abuses of state secrecy are due not to flaws in the Constitution but rather to a lack of courage and wisdom on the part of representatives and citizens. The chapter challenges this claim and suggests that the Framers viewed state secrecy as an essential element of statecraft, and that they vested the authority to keep secrets in the executive because they saw it as best suited to exercise this power. It explains how the regulatory mechanisms that have been championed in recent decades, such as the judicial enforcement of the Freedom of Information Act, have proven ineffective at exposing wrongdoing. Meanwhile, the regulatory mechanisms that have proven effective at exposing wrongdoing, whistleblowing and leaking, are condemned as unlawful or undemocratic and therefore illegitimate. The chapter also considers oversight and regulation of state secrecy by Congress.
Kevin Dunion
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861223
- eISBN:
- 9781474406178
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861223.003.0012
- Subject:
- Law, Constitutional and Administrative Law
This chapter assesses the state of freedom of information (FOI) in Scotland since the passage of FOI laws, with the goal of taking stock, considering the country’s experience, reflecting on how far ...
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This chapter assesses the state of freedom of information (FOI) in Scotland since the passage of FOI laws, with the goal of taking stock, considering the country’s experience, reflecting on how far it has come compared with others, and anticipating the challenges that lie ahead. It first compares FOI in Scotland with that in the rest of the UK in terms of the ‘harm’ test, the time limit for responding to a request for information, and public authorities’ response to a requirement for review. It also compares the Freedom of Information (Scotland) Act 2002 (FOISA) with the UK’s Freedom of Information Act, the ministerial veto on disclosure and moves to curb the use of FOI rights in the UK, and proposed amendments to FOISA. Finally, the chapter considers FOISA within the context of international norms and principles, along with international attitudes to FOI.Less
This chapter assesses the state of freedom of information (FOI) in Scotland since the passage of FOI laws, with the goal of taking stock, considering the country’s experience, reflecting on how far it has come compared with others, and anticipating the challenges that lie ahead. It first compares FOI in Scotland with that in the rest of the UK in terms of the ‘harm’ test, the time limit for responding to a request for information, and public authorities’ response to a requirement for review. It also compares the Freedom of Information (Scotland) Act 2002 (FOISA) with the UK’s Freedom of Information Act, the ministerial veto on disclosure and moves to curb the use of FOI rights in the UK, and proposed amendments to FOISA. Finally, the chapter considers FOISA within the context of international norms and principles, along with international attitudes to FOI.
Francis X. Blouin Jr. and William G. Rosenberg
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199740543
- eISBN:
- 9780199894673
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199740543.003.0010
- Subject:
- History, Historiography, History of Ideas
All scholars recognize that restricting access to “classified” materials is related to issues of political control, but this chapter argues that power in the archives is ubiquitous, and much less ...
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All scholars recognize that restricting access to “classified” materials is related to issues of political control, but this chapter argues that power in the archives is ubiquitous, and much less well understood, in terms of its relationship to social institutions and questions of political legitimacy. Using Soviet archives as an example of familiar “closed” systems, it contrasts overt political practices in repositories of this sort with the more subtle but equally politicized practices of “open” archives. The discussion accepts that restrictive access is inescapable in any archival institution, but attempts to clarify the relationship between archival politics and historical understanding. The chapter argues in this regard that trust must often supplant law as a way of assuring archives and archivists are truthful.Less
All scholars recognize that restricting access to “classified” materials is related to issues of political control, but this chapter argues that power in the archives is ubiquitous, and much less well understood, in terms of its relationship to social institutions and questions of political legitimacy. Using Soviet archives as an example of familiar “closed” systems, it contrasts overt political practices in repositories of this sort with the more subtle but equally politicized practices of “open” archives. The discussion accepts that restrictive access is inescapable in any archival institution, but attempts to clarify the relationship between archival politics and historical understanding. The chapter argues in this regard that trust must often supplant law as a way of assuring archives and archivists are truthful.
David Vincent
- Published in print:
- 1999
- Published Online:
- October 2011
- ISBN:
- 9780198203070
- eISBN:
- 9780191675690
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203070.003.0008
- Subject:
- History, British and Irish Modern History
The book ends at the time as Mrs. Margaret Thatcher's career moved to its conclusion, and it was written during the course of the fourth consecutive Tory Administration. It went to press, however, in ...
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The book ends at the time as Mrs. Margaret Thatcher's career moved to its conclusion, and it was written during the course of the fourth consecutive Tory Administration. It went to press, however, in the immediate aftermath of a political landslide. The scale of the proposed legislation came as a surprise to campaigners who had feared the worst when the manifesto pledge was omitted from the first Queen's Speech in order to undergo further consultation. The tradition of being secret about secrecy was to be replaced by one of being open about openness. The pervasive appeal to cultural transformation throughout the new White Paper and the accompanying commentaries by politicians and civil servants were justified by the substance of the proposals. The proposed Freedom of Information Act was to form part of a complex of legislation designed to guarantee the rights of citizens to determine what they knew about the state, and what the state knew about them. The dilemmas of secrecy resolve themselves into issues of trust. In the reform of the culture of secrecy, history can only be made if first it is understood.Less
The book ends at the time as Mrs. Margaret Thatcher's career moved to its conclusion, and it was written during the course of the fourth consecutive Tory Administration. It went to press, however, in the immediate aftermath of a political landslide. The scale of the proposed legislation came as a surprise to campaigners who had feared the worst when the manifesto pledge was omitted from the first Queen's Speech in order to undergo further consultation. The tradition of being secret about secrecy was to be replaced by one of being open about openness. The pervasive appeal to cultural transformation throughout the new White Paper and the accompanying commentaries by politicians and civil servants were justified by the substance of the proposals. The proposed Freedom of Information Act was to form part of a complex of legislation designed to guarantee the rights of citizens to determine what they knew about the state, and what the state knew about them. The dilemmas of secrecy resolve themselves into issues of trust. In the reform of the culture of secrecy, history can only be made if first it is understood.
Shoba Sivaprasad Wadhia and Leon Wildes
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781479829224
- eISBN:
- 9781479807543
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479829224.003.0005
- Subject:
- Law, Human Rights and Immigration
This chapter provides a detailed analysis of “deferred action,” one of the most precious forms of prosecutorial discretion. Once a person is granted deferred action, he or she is eligible to apply ...
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This chapter provides a detailed analysis of “deferred action,” one of the most precious forms of prosecutorial discretion. Once a person is granted deferred action, he or she is eligible to apply for work authorization and remain in the United States in legal limbo. This chapter details how victims of domestic violence, sexual assault, and other crimes have long used deferred action as a tool for protection from deportation. This chapter analyzes thousands of deferred-action cases processed by the immigration agency over a forty-plus-year period. Most of the data examined in this chapter was obtained through the Freedom of Information Act. Finally, given the extent to which deferred action has been applied using specific humanitarian criteria and operated as a benefit to the person who receives it, this chapter considers whether deferred action should be subject to notice and comment rulemaking.Less
This chapter provides a detailed analysis of “deferred action,” one of the most precious forms of prosecutorial discretion. Once a person is granted deferred action, he or she is eligible to apply for work authorization and remain in the United States in legal limbo. This chapter details how victims of domestic violence, sexual assault, and other crimes have long used deferred action as a tool for protection from deportation. This chapter analyzes thousands of deferred-action cases processed by the immigration agency over a forty-plus-year period. Most of the data examined in this chapter was obtained through the Freedom of Information Act. Finally, given the extent to which deferred action has been applied using specific humanitarian criteria and operated as a benefit to the person who receives it, this chapter considers whether deferred action should be subject to notice and comment rulemaking.
Kevin Dunion
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861223
- eISBN:
- 9781474406178
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861223.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book is the only in-depth guide to Scotland’s freedom of information (FOI) regime. Written by Kevin Dunion, the first Scottish Information Commissioner, it provides detailed commentary on the ...
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This book is the only in-depth guide to Scotland’s freedom of information (FOI) regime. Written by Kevin Dunion, the first Scottish Information Commissioner, it provides detailed commentary on the provisions of the Freedom of Information (Scotland) Regulations 2004. It is fully referenced, using the Commissioner’s own decisions and court judgements and provides a unique insight into the Commissioner’s role in determining appeals and ensuring adherence to the Code of Practice. It considers key issues of interpretation that have arisen since the law came into effect, including those exemptions concerning personal information, official advice, and the formulation of policy. It also covers the application of the ‘harm’ and ‘public interest’ tests. It includes a fully annotated version of the Freedom of Information (Scotland) Act 2002, along with case studies that illustrate the practical application of the legislation. It also includes a detailed interpretation of the Environmental Information Regulations, and highlights important differences between these regulations and general FOI law. It considers the state of FOI in Scotland by comparing it to provisions and developments in the rest of the UK and internationally.Less
This book is the only in-depth guide to Scotland’s freedom of information (FOI) regime. Written by Kevin Dunion, the first Scottish Information Commissioner, it provides detailed commentary on the provisions of the Freedom of Information (Scotland) Regulations 2004. It is fully referenced, using the Commissioner’s own decisions and court judgements and provides a unique insight into the Commissioner’s role in determining appeals and ensuring adherence to the Code of Practice. It considers key issues of interpretation that have arisen since the law came into effect, including those exemptions concerning personal information, official advice, and the formulation of policy. It also covers the application of the ‘harm’ and ‘public interest’ tests. It includes a fully annotated version of the Freedom of Information (Scotland) Act 2002, along with case studies that illustrate the practical application of the legislation. It also includes a detailed interpretation of the Environmental Information Regulations, and highlights important differences between these regulations and general FOI law. It considers the state of FOI in Scotland by comparing it to provisions and developments in the rest of the UK and internationally.
Kevin Dunion
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861223
- eISBN:
- 9781474406178
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861223.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter provides an overview of freedom of information as it is practiced in Scotland, with particular emphasis on access to environmental information. Before the Freedom of Information ...
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This chapter provides an overview of freedom of information as it is practiced in Scotland, with particular emphasis on access to environmental information. Before the Freedom of Information (Scotland) Act 2002 (FOISA) was enacted, people already had certain statutory entitlements to environmental information. Comprehensive rights were delivered by the Environmental Information Regulations (EIRs) first introduced in 1992 and amended in 1998 which gave the public the right to ask for information which ‘relates to the environment’. Access to environmental regime advanced still further when the UK signed the Convention on Access to Information, Public Participation in Decision-Making, and Access to Justice in Environmental Matters (the Aarhus Convention) in 1998. There are three ‘pillars’ which form the key principles behind the Aarhus Convention: the rights of access to information, public participation in decision-making, and access to justice in environmental matters. In Scotland, the Environmental Information (Scotland) Regulations 2004 give the public rights of access to environmental information held by public authorities. All of the exceptions under the EIRs are qualified by being subject to a ‘public interest’ test.Less
This chapter provides an overview of freedom of information as it is practiced in Scotland, with particular emphasis on access to environmental information. Before the Freedom of Information (Scotland) Act 2002 (FOISA) was enacted, people already had certain statutory entitlements to environmental information. Comprehensive rights were delivered by the Environmental Information Regulations (EIRs) first introduced in 1992 and amended in 1998 which gave the public the right to ask for information which ‘relates to the environment’. Access to environmental regime advanced still further when the UK signed the Convention on Access to Information, Public Participation in Decision-Making, and Access to Justice in Environmental Matters (the Aarhus Convention) in 1998. There are three ‘pillars’ which form the key principles behind the Aarhus Convention: the rights of access to information, public participation in decision-making, and access to justice in environmental matters. In Scotland, the Environmental Information (Scotland) Regulations 2004 give the public rights of access to environmental information held by public authorities. All of the exceptions under the EIRs are qualified by being subject to a ‘public interest’ test.
David Cunningham
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780520239975
- eISBN:
- 9780520939240
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520239975.001.0001
- Subject:
- History, American History: 20th Century
Using over twelve-thousand previously classified documents made available through the Freedom of Information Act, this book uncovers the inside story of the FBI's attempts to neutralize political ...
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Using over twelve-thousand previously classified documents made available through the Freedom of Information Act, this book uncovers the inside story of the FBI's attempts to neutralize political targets on both the Right and the Left during the 1960s. Examining the FBI's infamous counterintelligence programs (COINTELPROs) against suspected communists, civil rights and black power advocates, Klan adherents, and antiwar activists, it questions whether such actions were aberrations or are evidence of the bureau's ongoing mission to restrict citizens' right to engage in legal forms of political dissent. At a time of heightened concerns about domestic security, with the FBI's license to spy on U.S. citizens expanded to a historic degree, the question becomes an urgent one. The book supplies readers with insights and information vital to a meaningful assessment of the current situation, and looks inside the FBI's COINTELPROs against white hate groups and the New Left to explore how agents dealt with the hundreds of individuals and organizations labeled as subversive threats. Rather than reducing these activities to a product of the idiosyncratic concerns of longtime director J. Edgar Hoover, it focuses on the complex organizational dynamics that generated literally thousands of COINTELPRO actions. The book's account shows how—and why—the inner workings of the programs led to outcomes that often seemed to lack any overriding logic; it also examines the impact the bureau's massive campaign of repression had on its targets. The lessons of this era have considerable relevance today, and the book extends his analysis to the FBI's often controversial recent actions to map the influence of the COINTELPRO legacy on contemporary debates over national security and civil liberties.Less
Using over twelve-thousand previously classified documents made available through the Freedom of Information Act, this book uncovers the inside story of the FBI's attempts to neutralize political targets on both the Right and the Left during the 1960s. Examining the FBI's infamous counterintelligence programs (COINTELPROs) against suspected communists, civil rights and black power advocates, Klan adherents, and antiwar activists, it questions whether such actions were aberrations or are evidence of the bureau's ongoing mission to restrict citizens' right to engage in legal forms of political dissent. At a time of heightened concerns about domestic security, with the FBI's license to spy on U.S. citizens expanded to a historic degree, the question becomes an urgent one. The book supplies readers with insights and information vital to a meaningful assessment of the current situation, and looks inside the FBI's COINTELPROs against white hate groups and the New Left to explore how agents dealt with the hundreds of individuals and organizations labeled as subversive threats. Rather than reducing these activities to a product of the idiosyncratic concerns of longtime director J. Edgar Hoover, it focuses on the complex organizational dynamics that generated literally thousands of COINTELPRO actions. The book's account shows how—and why—the inner workings of the programs led to outcomes that often seemed to lack any overriding logic; it also examines the impact the bureau's massive campaign of repression had on its targets. The lessons of this era have considerable relevance today, and the book extends his analysis to the FBI's often controversial recent actions to map the influence of the COINTELPRO legacy on contemporary debates over national security and civil liberties.
Jon Wiener
- Published in print:
- 2000
- Published Online:
- March 2012
- ISBN:
- 9780520216464
- eISBN:
- 9780520924543
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520216464.001.0001
- Subject:
- History, American History: 20th Century
This book tells the story of the author's remarkable fourteen-year court battle to win release of the FBI's surveillance files on John Lennon under the Freedom of Information Act. The files had been ...
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This book tells the story of the author's remarkable fourteen-year court battle to win release of the FBI's surveillance files on John Lennon under the Freedom of Information Act. The files had been withheld on the grounds that releasing them would endanger national security. Lennon's file was compiled in 1972, when the war in Vietnam was at its peak, when Nixon was facing re-election, and when the “clever Beatle” was living in New York and joining up with the New Left and the anti-war movement. The Nixon administration's efforts to “neutralize” Lennon are the subject of Lennon's file. The documents are reproduced in facsimile so that readers can see all the classification stamps, marginal notes, blacked out passages and—in some cases—the initials of FBI Director, J. Edgar Hoover. The file includes lengthy reports by confidential informants detailing the daily lives of anti-war activists, memos to the White House, transcripts of TV shows on which Lennon appeared, and a proposal that Lennon be arrested by local police on drug charges. The book documents an era when rock music seemed to have real political force and when youth culture challenged the status quo in Washington. It also delineates the ways the Reagan, Bush, and Clinton administrations fought to preserve government secrecy, and highlights the legal strategies adopted by those who have challenged it.Less
This book tells the story of the author's remarkable fourteen-year court battle to win release of the FBI's surveillance files on John Lennon under the Freedom of Information Act. The files had been withheld on the grounds that releasing them would endanger national security. Lennon's file was compiled in 1972, when the war in Vietnam was at its peak, when Nixon was facing re-election, and when the “clever Beatle” was living in New York and joining up with the New Left and the anti-war movement. The Nixon administration's efforts to “neutralize” Lennon are the subject of Lennon's file. The documents are reproduced in facsimile so that readers can see all the classification stamps, marginal notes, blacked out passages and—in some cases—the initials of FBI Director, J. Edgar Hoover. The file includes lengthy reports by confidential informants detailing the daily lives of anti-war activists, memos to the White House, transcripts of TV shows on which Lennon appeared, and a proposal that Lennon be arrested by local police on drug charges. The book documents an era when rock music seemed to have real political force and when youth culture challenged the status quo in Washington. It also delineates the ways the Reagan, Bush, and Clinton administrations fought to preserve government secrecy, and highlights the legal strategies adopted by those who have challenged it.
David Sarokin and Jay Schulkin
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780262034920
- eISBN:
- 9780262336253
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262034920.003.0009
- Subject:
- Information Science, Library Science
Governments collect and create enormous amounts of information, some of which is publicly available, but most of which remains hidden from view. In addition to information marked secret, there are ...
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Governments collect and create enormous amounts of information, some of which is publicly available, but most of which remains hidden from view. In addition to information marked secret, there are vast government records that are public in principle, but unavailable in fact. Revelations of multiple mass surveillance programs have shaken the public’s faith, but such programs are not likely to be scaled back. To reset the balance, government information should be more widely available to the public by adopting a policy of hypertransparency.Less
Governments collect and create enormous amounts of information, some of which is publicly available, but most of which remains hidden from view. In addition to information marked secret, there are vast government records that are public in principle, but unavailable in fact. Revelations of multiple mass surveillance programs have shaken the public’s faith, but such programs are not likely to be scaled back. To reset the balance, government information should be more widely available to the public by adopting a policy of hypertransparency.
Kevin Dunion
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861223
- eISBN:
- 9781474406178
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861223.003.0008
- Subject:
- Law, Constitutional and Administrative Law
This chapter provides an overview of freedom of information (FOI) as it is practiced in Scotland, with particular emphasis on the issue of charging for information being requested. In Scotland, FOI ...
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This chapter provides an overview of freedom of information (FOI) as it is practiced in Scotland, with particular emphasis on the issue of charging for information being requested. In Scotland, FOI laws and regulations which mandate up-front administrative fees or prohibitive charges for information can deter requests or exclude those with no capacity to pay. The fee-charging structure under the Freedom of Information (Scotland) Act 2002 (FOISA) is strongly regulated and reasonably generous to the applicant. This chapter considers the approach used to charge for environmental information under the Environmental Information Regulations (EIRs). It also discusses issues such as whether public authorities are entitled to charge, whether an authority has informed the public of its charging regime, or whether the charge is reasonable or excessive. Finally, it assesses the future of charging under FOISA, paying special attention to ‘deterrence’ charging, the likelihood that the cost of responding to a request for information would breach the upper limit, and the capacity to aggregate requests.Less
This chapter provides an overview of freedom of information (FOI) as it is practiced in Scotland, with particular emphasis on the issue of charging for information being requested. In Scotland, FOI laws and regulations which mandate up-front administrative fees or prohibitive charges for information can deter requests or exclude those with no capacity to pay. The fee-charging structure under the Freedom of Information (Scotland) Act 2002 (FOISA) is strongly regulated and reasonably generous to the applicant. This chapter considers the approach used to charge for environmental information under the Environmental Information Regulations (EIRs). It also discusses issues such as whether public authorities are entitled to charge, whether an authority has informed the public of its charging regime, or whether the charge is reasonable or excessive. Finally, it assesses the future of charging under FOISA, paying special attention to ‘deterrence’ charging, the likelihood that the cost of responding to a request for information would breach the upper limit, and the capacity to aggregate requests.
- Published in print:
- 2010
- Published Online:
- March 2013
- ISBN:
- 9780226101644
- eISBN:
- 9780226101668
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226101668.003.0006
- Subject:
- Law, Environmental and Energy Law
The benefits of the Freedom of Information Act and all open government laws are relative. Those seeking to learn what the government is doing find them beneficial; those seeking to protect ...
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The benefits of the Freedom of Information Act and all open government laws are relative. Those seeking to learn what the government is doing find them beneficial; those seeking to protect information find them intrusive, at best, and embarrassing at worst. Open government is a two-way street: documents that you submit to the government, including grant applications, might be subject to public disclosure. In addition, the move toward more open government has increased pressure on funding agencies to ensure that data, articles, and reagents developed with federal funding are shared with other scientists and with the public. This chapter examines these open-government laws and initiatives and how they might affect the ability to control grant applications, research data, scientific publications, and reagents and specimens. A case study is included at the end of the chapter.Less
The benefits of the Freedom of Information Act and all open government laws are relative. Those seeking to learn what the government is doing find them beneficial; those seeking to protect information find them intrusive, at best, and embarrassing at worst. Open government is a two-way street: documents that you submit to the government, including grant applications, might be subject to public disclosure. In addition, the move toward more open government has increased pressure on funding agencies to ensure that data, articles, and reagents developed with federal funding are shared with other scientists and with the public. This chapter examines these open-government laws and initiatives and how they might affect the ability to control grant applications, research data, scientific publications, and reagents and specimens. A case study is included at the end of the chapter.
Kevin Dunion
- Published in print:
- 2011
- Published Online:
- September 2015
- ISBN:
- 9781845861223
- eISBN:
- 9781474406178
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845861223.003.0006
- Subject:
- Law, Constitutional and Administrative Law
This chapter provides an overview of freedom of information as it is practiced in Scotland, with particular emphasis on issues concerning third-party data. One of the most common and contentious ...
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This chapter provides an overview of freedom of information as it is practiced in Scotland, with particular emphasis on issues concerning third-party data. One of the most common and contentious disputes under the Freedom of Information (Scotland) Act 2002 (FOISA) has to do with third-party data and whether the exemption at s 38(1)(b) applies, an issue that pits the right to information against the right to privacy. The task is to reconcile the legal imperative to keep personal information safe and to prevent it being misused by those who have collected it. The courts have made it clear that the general presumption in favour of disclosure created by FOISA does not apply to personal data. Where disclosure of information would contravene the data protection principles, the exemption in FOISA is absolute, and the authority is not required to go on to consider where the balance of the public interest lies in relation to the information. In practice, the key issues to consider are whether the requested information constitutes personal data and, if so, whether disclosure would contravene any of the data protection principles.Less
This chapter provides an overview of freedom of information as it is practiced in Scotland, with particular emphasis on issues concerning third-party data. One of the most common and contentious disputes under the Freedom of Information (Scotland) Act 2002 (FOISA) has to do with third-party data and whether the exemption at s 38(1)(b) applies, an issue that pits the right to information against the right to privacy. The task is to reconcile the legal imperative to keep personal information safe and to prevent it being misused by those who have collected it. The courts have made it clear that the general presumption in favour of disclosure created by FOISA does not apply to personal data. Where disclosure of information would contravene the data protection principles, the exemption in FOISA is absolute, and the authority is not required to go on to consider where the balance of the public interest lies in relation to the information. In practice, the key issues to consider are whether the requested information constitutes personal data and, if so, whether disclosure would contravene any of the data protection principles.
