scholarly journals Information Access Rights in FOIA and FOISA – Fit for Purpose?

2017 ◽  
Vol 21 (1) ◽  
pp. 55-87
Author(s):  
Karen Mc Cullagh
Keyword(s):  
Comparative Analysis ◽  
Information Access ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Full Compliance ◽  
Political Cultures ◽  
Fit For Purpose ◽  
Access Rights

In this article, Dr Mc Cullagh examines whether the Freedom of Information Act 2000 (FOIA) and Freedom of Information (Scotland) Act 2002 (FOISA) are fit for purpose as they enter their second decade. A two-fold approach is used to make this determination. Firstly, an assessment of the degree of compliance of both Acts against a set of UN endorsed principles is undertaken. This reveals that neither Act is fully compliant with the normative principles. Secondly, the Acts are compared against each other. The comparative analysis demonstrates that the Acts are creatures of their respective parliaments and that their evolution has been shaped by the distinct political cultures in which they operate. It concludes that at present FOISA offers stronger information rights but that both Acts should be amended to ensure full compliance with the UN endorsed principles if both jurisdictions are to have information rights that are fit for purpose as they enter their second decade.

scholarly journals The Cost Exemption in the Freedom of Information Regimes of the United Kingdom and Scotland: a Comparative Analysis

2015 ◽  
Vol 15 (3) ◽  
pp. 195-202 ◽  
Author(s):  
Calum Liddle ◽  
David McMenemy
Keyword(s):  
United Kingdom ◽  
Comparative Analysis ◽  
Comparative Evaluation ◽  
Case Law ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
The United Kingdom ◽  
The Cost ◽  
North And South

AbstractIn this tenth anniversary year since freedom of information came into force north and south of the border, the authors, Calum Liddle and David McMenemy, undertake an in-depth comparative evaluation of the parallel cost exemptions found in the Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002. Does Scottish FOI indeed afford a more generous disclosure entitlement? And are applicants, in turn, employing comparatively weaker rights when requesting information from analogous English and Welsh authorities? A statutory analysis of the home nation provisions is complemented by case law and a nod to contemporaneous events.

Presidential Privilege and the Freedom of Information Act

2019 ◽  
Author(s):  
Kevin M. Baron
Keyword(s):  
Social Learning ◽  
Historical Analysis ◽  
Public Information ◽  
Executive Branch ◽  
Executive Power ◽  
Power Dynamics ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
Contemporary Politics ◽  
Government Secrecy

Executive privilege (EP) as a political tool has created a grey area of constitutional power between the legislative and executive branches. By focusing on the post-WWII political usage of executive privilege, this research utilizes a social learning perspective to examine the power dynamics between Congress and the president when it comes to government secrecy and public information. Social learning provides the framework to understand how the Cold War's creation of the modern American security state led to a paradigm shift in the executive branch. This shift altered the politics of the presidency and impacted relations with Congress through extensive use of EP and denial of congressional requests for information. When viewed through a social learning lens, the institutional politics surrounding the development of the Freedom of Information Act is intricately entwined with EP as a political power struggle of action-reaction between the executive and legislative branches. Using extensive archival research, this historical analysis examines the politics surrounding the modern use of executive privilege from Truman through Nixon as an action-reaction of checks on power from the president and Congress, where each learns and responds based on the others previous actions. The use of executive privilege led to the Freedom of Information Act showing how policy can serve as a congressional check on executive power, and how the politics surrounding this issue influence contemporary politics.

scholarly journals Fit for Purpose? Exploring the Role of Freedom of Information Laws and Their Application for Watchdog Journalism

2021 ◽  
pp. 194016122110067
Author(s):  
Mária Žuffová
Keyword(s):  
Differential Treatment ◽  
Freedom Of Information ◽  
The United Kingdom ◽  
The Press ◽  
Fit For Purpose ◽  
The Law ◽  
Ground Delays ◽  
Democratic Principles ◽  
State Relations

Despite great volume of research into press–state relations, we know little about how journalists use information that has been generated through independent bureaucratic processes. The present study addresses this gap by investigating the role of freedom of information (FOI) laws in journalism practice. By surveying journalists ( n = 164), interviewing activists and civil servants ( n = 7) and submitting FOI requests to twenty-one ministerial departments in the United Kingdom, this study explores press-state interactions and the limits of Freedom of Information Act (FOIA) application to advance the media’s monitorial function. The results show that journalists perceive FOIA as an essential tool for their work. However, they often described their experience as negative. They reported refusals lacking legal ground, delays, not responding at all or differential treatment. In response to gating access, journalists might also adopt tactics that use loopholes in the law. The press-state interactions, already marked by suspicion, thus, continue to perpetuate distrust. These findings might have implications for journalism practices, FOIAs’ potential for government oversight and democracy. In particular, the differential treatment of requests undermines equality under the law, one of the fundamental democratic principles. The study concludes with several policy recommendations for FOIA reform to meet journalists’ needs better.

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