Public bodies 'over reliant' on external legal advisors

The Information Commissioner highlights a concerning trend where some public bodies excessively rely on external legal advisors to handle Freedom of Information requests. This outsourcing shifts the internal culture from one of openness to one of defensiveness, leading to the application of blanket exemptions rather than targeted, lawful redactions. The Commissioner warns that this approach undermines the principle that information should generally be released, replacing a service-oriented mindset with a risk-averse legal strategy that often obscures legitimate public access. Furthermore, the practice of outsourcing decision-making creates significant procedural barriers to accountability. In several instances, organizations have withheld records from the Commissioner’s office entirely, citing legal privilege without providing the actual documents for independent review. This refusal to cooperate prevents the Commissioner from making informed decisions on whether exemptions are valid, effectively blocking appeals and undermining the integrity of the oversight process. It demonstrates how reliance on external advice can lead to non-compliance and a lack of transparency in handling sensitive data. This article is highly relevant to open data as it underscores the critical importance of institutional culture and internal capability over external legal maneuvering in maintaining transparency. True open data initiatives require proactive disclosure and a willingness to share information, rather than reactive obstruction by legal teams. When public bodies prioritize hiding information through blanket claims, they erode trust and hinder the public’s ability to scrutinize government actions, which is foundational to an open society.

Source: rte.ie
Published on 2024-06-28

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