Centre for Freedom of Information: First international survey of Information Commissioners shows concern over increased appeals and reduced resources
8th April 2013
First international survey of Information Commissioners shows concern over increased appeals and reduced resources.
The first international survey of Information Commissioners conducted by the Centre for Freedom of Information found that :
- Overall 76% of Commissioners expect the number of appeals which they will receive this year (2013) to ‘increase substantially ‘(27%) or ‘slightly’ (49%). None expect the number to decline.
- In terms of their capacity to deal with current and projected workloads, 77% of Commissioners believe that their financial and staff resources, are ‘insufficient ‘(58%) or ‘not at all sufficient’ (19%).
- The reported time taken to deal with appeals also varies significantly. The shortest reported average time taken to dispose of cases is 3 days; the longest time is 380 days.
The survey was carried out by the Centre for Freedom of Information, University of Dundee as part of a project to establish an International Exchange Network for Information Commissioners. Kevin Dunion, Executive Director of the Centre, who was formerly the Scottish Information Commissioner said “ It is important for Commissioners to be able to share experience and knowledge. We can learn from good practice but also respond to challenges to the capacity of Commissioners to carry out their functions.”
Commissioners were also asked if they were legally qualified, in the light of a decision by the Supreme Court of India requiring Chief Commissioners there to be retired judges.
Just over half (51.5%) of Commissioners who responded were said to be qualified lawyers or judges (the distinction was not made in the question or response); 48.5% are not legally qualified.
Furthermore, the responses show that 45% of statutes in the jurisdictions concerned do not make any requirement at all regarding the qualifications or experience of those appointed as Commissioner.
The survey looked at the practice amongst Commissioners in investigating appeals and making public their decisions
Before coming to a decision on an appeal Commissioners regularly require the authority/agency to provide the information which has been withheld from the requester, with over half (51.5%) saying that they ‘always’ do so with a further 36.4% indicating that they ‘usually’ do so.
The overwhelming majority (94%) of respondents usually publish their decisions either because they are required to do so by law or because they choose to do so as a matter of practice.
However the practice of Commissioners is split on whether to share a draft decision or preliminary conclusion with the authority and/or requester, prior to issuing a final determination. A majority (57.6%) do not do so, but nearly 40% do share with both parties and a further 3% make a draft available to the authority only.
Ends
For further information contact:
Professor Kevin Dunion, Executive Director, Centre for Freedom of Information, University of Dundee
Notes
The survey was carried out between 6 February and 24 March and responses were received from 34 Commissioners.
The Centre for Freedom of Information is based at the University of Dundee, Scotland.
The International Information Commissioners Exchange Network is assisted by funding from the Open Society Foundations
For ICs Only
FOI Quotes
"Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”
-- Louis D.…
