How To Access Laws & The Freedom To Know
Influencing Action and The Access To Information
Access Granted
The flow of information between government agencies and the public often time gets tainted, delayed, or kept secret.
We’ve seen similar characteristics of this pandemic to a lesser degree during the BSE crisis. B.S.E. stands for Bovine Spongiform Encephalopathy also known as mad cow disease. The government suppressed the truth and failed to infor the public about the extent of the epidemic and just how serious it was. In human form, the disease is called Variant Creutzfeldt-Jakob disease also know as vCJD. Vets, famers, and caregivers of cattle didn’t know the symptoms or signs of the infection until it was too late. In the late 1980’s, 150 people died in Britain from the brain crippling disease. Exterminating over 100,000 cattle marked the decline of the disease and regulations were put in place for adjusting feeding practices that led to the crisis in the first place.
Our government’s secrecy jeopardized the public’s trust, health, and livelihood. Public officials feared that honesty, openness, and coverage on what happened would put an end to the beef trade.
Secrecy and partial disclose of facts create a disconnect amongst the public and public authorities. Since the begining of time its been truth and elite information that is guarded with unknown intent or efforts to consider public interest(safety included).
Freedom Of Information Act 2000
The Freedom Of Information Act states public authorities are obliged to publish certain information about their activities; and. members of the public are entitled to request information from public authorities.
Under FOIA Law, any organization that receives 50% or more of its budget from public funds is classified as a public authority.
FOIA Law Section 84 refers to information as, “ any form of information.” This include but is not limited to:
- Written material
- Photographs
- Plans
- Video and sound recordings
- Data on computers
and other forms of informative content.
Brief History
In 1766, The first FOI law was passed as a party politics tactic. The law was used to access documents the previous government had kept secret. It took 20-years of newspaper campaigning but 200 years later in 1966 that the United States passed the countries first FOI law. Amendments were made in 1974 as a result of the Watergate scandal and then again in 1996 to extend the law to include electronic information. Today there are more than 50 countries with a Freedom Of Information law.
Basic Laws For Request Of Information
- For Information about yourself — See Data Protection Act 1998 which states you have legal rights to control information about yourself.
- For information about third parties — See Freedom Of Information Act 2000 which prompts third parties to either confirm or deny your request for information, in writing and within a mandatory 20 days. ( See Full FOIA law for exemptions.)
- For Enviornmental Information — See Enviornmental Regualtions that refers to the imposition of limitations or responsibilities on individuals, corporations, and other entities for the purpose of preventing environmental damage or improving degraded environments.
Filing A Request
For Example, On The Department Of Homeland Security’s website you can find details on the five steps to request information. You’ll also find links to download forms, contact info, and more.
- Determine the records or information you’re requesting
- Check to see if the information already exists somewhere else like a online, library, or other public sources.
- Determine who — (in this case, which part of DHS)has the records you need.
- Compose a letter — with criteria listed on the website above. This letter will have this like your name, address, description of the information requested, fees, etc.
- Send Your Request — this can be done by mail, email, or fax. You can also go to this link to create a portal profile. From there you can submit FOIA requests, appeal requests, communicate with the agency on submitted requests and to download responses and records.
Efforts Unnoticed
Bob Phillis is chairman of the Independent Review Of Government Communications and Chief Executive of Guardian Media Group. In January 2004 he presented recommendations on how to rebuild trust between government, the media, and the public. Here are some of the key principles he intended to develop:
- Openness, not secrecy.
- More direct, unmediated communications with the public.
- Genuine engagement with the public as part of policy formation and delivery, not communication as an afterthought.
- Positive presentation of government policies and achievements, not misleading spin.
- Use of all relevant channels of communication, not excessive emphasis on national press and broadcasters.
- Co-ordinated communication of issues that cut across departments, not conflicting or duplicated departmental messages.
- Reinforcement of the Civil Service’s political neutrality, rather than a blurring of government and party communications.
Phillis’s review had twelve recommendations on how to develop relations between the public and public servants. These twelve recommendations we not all adopted and put into effect but his efforts to gain leverage through restoring credibility through government communications can be used as a reference to push forward. Sixteen years later we now have new laws, discoveries, and experiences to add to that. Local organizations and community advocates have made more breakthroughs to reconcile the transparency lost. Forward we push, to a new age of today, that crys out for honest ethics and an honest agenda.
Facts and data in this article were complied from a collection of respected sources including Google, Parliment.uk, Department Of Homeland Security, and other facts from,” Your Right To Know” written by Heather Brooke.
