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G4EBT > INFO 13.01.04 20:39l 215 Lines 8705 Bytes #999 (0) @ WW
BID : C92318G4EBT
Read: DB0FHN GUEST
Subj: Re: Freedom of Information Act
Path: DB0FHN<DB0RGB<OK0PPL<DB0RES<ON0AR<GB7FCR
Sent: 040113/1835Z @:GB7FCR.#16.GBR.EU #:36223 [Blackpool] FBB-7.03a $:C92318G4
From: G4EBT@GB7FCR.#16.GBR.EU
To : INFO@WW
Ian, VK5QX wrote:-
> Ian G0TEZ:
> " I know that the British Official Secrets Act is an excercise (sic) in
> paranoia so I don't expect to see anything on TV but such weapons would
> be hard to hide and even we are getting a 'Freedom of Information' Act
> in a few months.
As to weapons, we had a close shave here today! An American fighter from
Lakenheath dropped a 25-pounder in a low pass over open ground 15kms from
my QTH. Fortunately it wasn't armed. I just hope the label was addressed
"to whom it may concern", rather than "to G4EBT" :-O
This is a dry topic - I'm not sure how many people are interested in it,
but here goes:
In the UK the "Freedom of Information Act 2000" was enacted on 30 Nov
2000, but won't come into force until Jan 2005. The UK is well behind
many other countries in this regard.
There's an interesting Website run by the Campaign for F.O.I, a powerful
all-party body is supported by 90 organisations. It's promoted a series
of parliamentary bills giving people the right to see their own medical,
social work, and housing records, and info on environmental and safety
hazards. It's also promoted the Public Interest Act.
It's pressing for FOI laws to give the right to people to see any official
info unless the Gov't or Public Authority can show that disclosure would
cause real harm to essential services such as defence, security, law
enforcement and privacy. The website can be found at:
http://www.cfoi.org.uk/
A useful website where not just the UK F.O.I Act and laws can be found,
but countries such as Australia, USA, Canada, France Germany, Russia and
many others can be found is:
http://www.freedomofinformationact.info/
Another useful UK website for FOI, Human Rights, Government Green/White
Papers, Ombudsman Reports, info on the Judiciary etc is the Dept of
constitutional Affairs at:
www.dca.gov.uk/foi/foiact/htm
There's a lot to the 2000 FOI but the relevant bit is:
Part 1: Access to Information held by Public Authorities:
Any person making a request for Info to a Public Authority is entitled:-
a) to be informed in writing by the Public Authority whether
it holds info on the description specific to the request, and;
b) if that's the case, to have the info communicated to him.
You can't ask for just anything - this Act is about access to info that
might be held on each of us as individuals, and complements the Data
Protection Act 1998 (http://www.dpr.gov.uk) which requires that:
*Info held on an individual is released to them on request,
*Records are accurate,
*Info is only used for the purpose for which it is intended, and;
*The individual's privacy is protected.
> Such an "Act" will almost undoubtedly NOT ensure that you can find out
> just about anything or everything that goes on, or has gone on, in
> government circles.
True. In the UK the Official Secrets Act 1989 applies to some aspects,
but there are pressures to repeal that act and replace it by a narrower
measure applying only where disclosure would cause serious damage to
defence, national security, international relations and containing a
public interest in defence.
> In practice it can be quite difficult to obtain information if the
> authorities/bureaucrats don't want you to know.
In the UK it's quite easy - you apply to the Data Protection Registrar of
the public body. I was being mucked about by the UK RA over a complaint
from VK amateur that the RA made a botch of, concerning a daft message I
sent out on packet way back in March 2003.
It isn't every day the RA has to investigate complaints from 10,000 miles
away. I concluded that they rushed to judgement and over-reacted with good
intent, then tried to cover their tracks. It's what public bodies often
do. If they hold us to account, they too must be held to account for any
shortcomings of their own.
I tried to get to the bottom of why they acted the way that they did,
but no - they decided to tough it out, and so did I. After more than six
months not making much headway, in the end I made a formal complaint to
the RA Chief Executive on 6 November 2003, an Independent Review, and a
request for all internal documentation to be released under the Data
Protection Act.
All the info has just landed on my doormat with a thud. It goes right back
to the handwritten note of the very first 20 minute telephone call taken
from an amateur in Adelaide, on 2 April 2003. (Naturally, the RA have
protected the privacy of that amateur, as they must).
Heaps of paper - internal e-mails; copies of e-mails to and from the
RA/VK; copies of e-mails from me to VK/VK to me; packet messages about
another
UK amateur and myself trawled up off internet by the RA in a "fishing
expedition"; messages of advice to the RA from their lawyers back on 9
April 2003, and so on it goes. If they'd acted on the legal advice back
then (which I'd given them free on 4 April), none of the subsequent saga
would have been necessary.
> Yes! You can have a copy of a document, but much, or most, of what is
> contained in the document may well be obliterated.
The names of others must be obliterated to protect their right to privacy.
In this instance, the RA have done that. The rest is all there - every
word.
> Of course, where such instances occur there must be sufficient and
> proven justification for such action.
Not so in the UK. If it concerns you directly and you want it, you can
have it.
There's a Code of Practice called "Open Government", issued by the Lord
Chancellor's Department, on access to info held by public bodies. This
explains which bodies are covered what information is covered, and how
to make requests.
> Needless to say, it seems that it is often not too difficult for
> justification to be found and steadfastly supported.
True, you have to be in it for the long haul.
> There have been many instances where interested parties have fought
> strongly, using legal means, so as to have information released.
You don't need a lawyer to use "legal means" - just some books, internet,
half a ream of paper, and an ink cartridge. It isn't easy - they're
professionals paid out of our pockets - we're amateurs.
> 1. The authorities can block release of information without too much
> trouble.
They can try, but not "without too much trouble". In the end they have
to concede, as it's the law.
> 2. They can make it so darned difficult with continuing obstruction
And how!
> that you simply give up in disgust.
In their dreams.
> 3. The processes can become so lengthy, and associated legal action and
> resultant costs so expensive, that you cannot afford to continue your
> pursuit of the issue(s).
Amateur radio is about the spirit of lifelong learning, homebrew,
innovation - all that stuff. Why get a lawyer - do it yourself
with homespun wisdom!
> The end result in such instances can also be that, after all your
> efforts, you find out that there was nothing in the document that you
> really hoped to see anyway.
My efforts have proved worthwhile. The released documents tell a very
different story from that which the RA had portrayed, but now the game's
up. I'm pleased too, as it puts the complainant in a much better light.
His complaint wasn't as described by the RA, and that's caused needless
hassles and misunderstandings for him, me, and RA staff too.
It took an Independent Review, three trips by RA officers to my home over
nine months, travelling 1,500 kms including an overnight stay, more than
100 pages of legal submissions and supporting documentation from me, and
has cost the British Taxpayers a small fortune. I've learnt a lot from
this, I think the RA have too.
> I do believe that there may also have been instances where a particular
> document has somehow, and mysteriously, disappeared altogether.
True, but that's a criminal act. Few superannuated civil servants are
even going to put their pensions on the line, let alone their liberty.
> After all this is said and done, you can still wind up with a very
> disappointing situation and have gained little as a result of your
> efforts.
I'm very happy -I've gained a lot for my efforts in my search for
the truth.
This exercise has provided a fascinating insight into how public bodies
operate if they're not called to account. I'll put out another bull
with a few snippets.
Hope at least some of these ramblings are of interest.
73 - David, G4EBT @ GB7FCR
Eddystone User Group Member
G-QRP Club Member No: 1339
QTH: Cottingham, East Yorkshire.
david@crofters89.freeserve.co.uk
Message timed: 18:33 on 2004-Jan-13
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