Freedom of Information Act, 2000

Lessons learned from implementing

the Act in the London Metropolitan Police –

a high profile U.K. Public Authority

Presentation to the international seminar

in Santiago, Chile

Howard Back

5/6 November 2007

My role in Freedom of Information

London Metropolitan Police project team September 2002 until April 2005

Extensive learning from Queensland Police, Australia Visit to/regular contact with Federal Bureau of

Investigation (FBI), Washington DC, USA Seen by 42 other UK Police Forces as a lead player

Howard.back@ntlworld.com

Objectives of presentation

Consider what lessons were learned from the London experience

Recognise the implications for Chilean organisations Use the lessons learned to improve planning for

implementing the law in Chile

Freedom of Information Act, 2000

Threat or opportunity?

The implications of FOIA

Policy, systems, processes Training and awareness Culture of openness and accountability

– Senior management– Front line staff– Willingness to release new information– The view from the public

Information management improvements

What size is the Metropolitan Police?

31,000 police officers 17,000 civilian support staff Budget of £2.9 billion

Different formats of information

Paper records – a huge legacy Electronic Word documents and spreadsheets Email communication and decision making

Video tapes Audio tapes Photographs Maps and plans

FBI experience of FOIA

Comparison with a similar high profile law enforcement agency:

History of being unprepared for the onslaught of requests Experience of the threat of ‘Mosaic Requests’ File based culture Acceptance that records will be exposed

How did the Metro Police project team model the response?

Scale and geography of the organisation Risks/threats Central processing office and local decision makers Existing Data Protection requests Staffing constraints Local ownership of information

What was the anticipated impact on the Metro Police?

Information Commissioner would publicise the right

Significant numbers of e-mail applications anticipated

Applications from media, politicians, criminals, local

pressure groups and staff

Focus would be on policy, procedure, decision making

and resource deployment

Significant past events will attract applications

How is it working in the Metro Police now?

Simple requests managed locally– No issues on disclosure– Application of simple exemptions

Complex requests managed centrally (Public Access Office)– Public interest exemptions– Co-ordination required– Structure of Single Points of Contact in higher ‘risk’ Dept’s– National co-ordination of pan-UK police forces

Resource cost

Staffing – 850 potential decision makers, 38 processors in the central Public Access Office

MetRIC – a case management system which cost £1.3m Training – 5 levels – one size does NOT fit all

What are the Metro Police being asked for?

Focus on personal information, personnel matters and deployments / resources

Internal requests Growing media usage Considerable internal co-ordination needed Hot news issues – this is event- driven Top ten requested documents include the Diversity

Strategy, minutes of local police station senior management team meetings and the expenses paid to the Commissioner and his Management Board colleagues!!

FOIA activity currently

3084 FOIA requests in 2006

Monthly Publication Scheme activity:

16,190 hits monthly on the Publication Scheme

95,700 monthly downloads

Significant rise in Data Protection requests

The Metro Police’s system to manage requests

MetRIC – Metropolitan Requests for Information and Correspondence

Central co-ordination – access across the Metro Police Software solution to capture and track all requests Audit trail of all disclosures and decision making

The Metro Police Publication Scheme – used to reduce requests

Catalogue of information available to the public Emphasis on new material of public interest Proactive publication of material

– Minutes– Policies– Performance– Plans, Objectives, Strategies

MPS model follows national model for police forces

Currently 12,900 documents published for world wide access

Lessons learned (1)

Culture change is led from the top Publish NOW as much as you dare Work closely with high risk departments and establish

control points Use as many exemptions as possible to protect high risk

information If one exemption fails, have alternatives ready Invest in training for decision makers Train to various levels based on need

Lessons learned (2)

Maintain contact with the applicant at all stages of the request

“Do you want it all or do you want it quickly?” Think like an applicant Once an applicant has possession of information, all

control of it is lost

FOI is event driven – an incident given local/national/international media coverage will increase requests

Lessons learned (3)

Use technology if possible to manage requests: Look for patterns of requests and regular applicants Full audit trail of decision making Up to date tracking of all requests Analysis of bottle necks to improve performance Publish information on the internet once released to an

applicant

Lessons learned (4)

One and only opportunity to improve information management (not seen as important):

Reduce volumes of information, improve indexing, increase staff efficiency, improve staff knowledge, reduce costs, improve professionalism and reputation

Use the change in law to change the culture and reputation – openness, accountability, honesty, willingness to release information

If FOIA is coming to you, do this…

Prepare for requests– Identify the types of information that will attract requests– Examine the exemptions under FOIA– Consider how you would apply them

Proactively publish documents of ‘Public Interest’

General issues in the Metro Police’s law enforcement arena

FOIA relates to information held, not owned Applicant blind Threat of mosaic approaches Interpretation of Public Interest Test However the big issue is……………..

The issue of co-ordination

Pan-Department Pan-London National International Remember different FOIA legislation and use of

exemptions in UK, USA, Canada and other countries subject to this legislation

If FOIA is coming to a range of organisations at the same time…

Make a request for one agency’s information from another one – where is the weakest link in the chain nationally/internationally?

Will each agency deal with its own requests or is there a central clearing house?

What protocols will govern decision-making on disclosure / withholding of information?

Multi-agency co-operation

Joint activity now to– Assess the risks– Identify sensitive information– Apply exemptions/agree publication now– Agree co-ordination– Think like an applicant

– How is your organisation set up to respond?