Feeds

Cabinet Secretary: Freedom of Info law stifles policy confabs

I can't advise ministers in private, huffs Sir Gus

Boost IT visibility and business value

Sir Gus O'Donnell told a committee of MPs on Wednesday that FOI laws had a "very negative impact on the freedom of policy discussions".

"The problem with the Freedom of Information Act is that virtually everything is subject to a public interest test," Sir Gus told the Public Administration Select Committee.

"When I give advice to anyone, when we have a conversation around the Cabinet table, I cannot guarantee to Cabinet Ministers that they can actually say without fear or favour if they disagree with something that that information will remain private, because there could be an FOI request," Sir Gus said.

The Freedom of Information Act and the Freedom of Information (Scotland) Act came into full force on 1 January 2005, giving individuals the right for the first time to demand access to information held by Government departments and public bodies.

Under the laws anyone of any nationality living anywhere in the world can make a written request for information and expect a response within 20 working days. The public authority will be obliged to meet that request unless exemptions apply or unless meeting it will be too costly or difficult.

Some information can be held back under qualified and absolute exemptions. However, where information can be withheld under a qualified exemption organisations are still obliged to conduct a 'public interest test' to determine whether it is right for information to be disclosed upon request.

Copyright © 2011, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Build a business case: developing custom apps

More from The Register

next story
Munich considers dumping Linux for ... GULP ... Windows!
Give a penguinista a hug, the Outlook's not good for open source's poster child
UK fuzz want PINCODES on ALL mobile phones
Met Police calls for mandatory passwords on all new mobes
e-Borders fiasco: Brits stung for £224m after US IT giant sues UK govt
Defeat to Raytheon branded 'catastrophic result'
Yes, but what are your plans if a DRAGON attacks?
Local UK gov outs most ridiculous FoI requests...
Detroit losing MILLIONS because it buys CHEAP BATTERIES – report
Man at hardware store was right: name brands DO last longer
Snowden on NSA's MonsterMind TERROR: It may trigger cyberwar
Plus: Syria's internet going down? That was a US cock-up
UK government accused of hiding TRUTH about Universal Credit fiasco
'Reset rating keeps secrets on one-dole-to-rule-them-all plan', say MPs
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
EU justice chief blasts Google on 'right to be forgotten'
Don't pretend it's a freedom of speech issue – interim commish
prev story

Whitepapers

Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Solving today's distributed Big Data backup challenges
Enable IT efficiency and allow a firm to access and reuse corporate information for competitive advantage, ultimately changing business outcomes.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.