Category Archives: Access to information

5th Winchester Conference on Trust, Risk, Information and the Law Wednesday 25 April 2018, Winchester, UK

5th Winchester Conference on Trust, Risk, Information and the Law Wednesday 25 April 2018, Holiday Inn, Winchester, UK

Theme: Public Law, Politics and the Constitution: A new battleground between the Law and Technology?

Keynote speakers will be Michael Barton, Chief Constable of Durham Constabulary who has spoken recently about the need to reclaim ‘sovereignty’ over the Internet, and Jamie Bartlett, Director of the Centre for the Analysis of Social Media for Demos in conjunction with the University of Sussex, and author of several books including ‘Radicals’ and ‘The Dark Net’.  Breakout sessions will explore fake news, the use of algorithms in the public sector, infringements over the Internet and other issues.  The conference will include the launch of the University of Winchester’s new Centre for Parliament and Public Law, with a presentation highlighting the ongoing work of the Department of Culture, Media & Sport in the area of Data Ethics & Innovation.

 

For the full conference programme, please visit https://www.winchester.ac.uk/news-and-events/events/event-items/the-5th-winchester-conference-on-trust-risk-information-and-the-law-trilcon18.php

 

To book, please go to https://store.winchester.ac.uk/conferences-and-events/academic-conferences/faculty-of-business-law-sport/winchester-conference-on-trust-risk-information-and-the-law-2018

British government’s new ‘anti-fake news’ unit has been tried before – and it got out of hand

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In this guest post, Dan Lomas, Programme Leader, MA Intelligence and Security Studies, University of Salford, explores the British government’s new ‘anti-fake news’ unit.

The decision to set up a new National Security Communications Unit to counter the growth of “fake news” is not the first time the UK government has devoted resources to exploit the defensive and offensive capabilities of information. A similar thing was tried in the Cold War era, with mixed results.

The planned unit has emerged as part of a wider review of defence capabilities. It will reportedly be dedicated to “combating disinformation by state actors and others” and was agreed at a meeting of the National Security Council (NSC).

As a spokesperson for UK prime minister Theresa May told journalists:

We are living in an era of fake news and competing narratives. The government will respond with more and better use of national security communications to tackle these interconnected, complex challenges.

 

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Submissions to the Law Commission’s consultation on ‘Official Data Protection’: Guardian News and Media

The Law Commission has invited interested parties to write submissions commenting on the proposals outlined in a consultation report on ‘official data protection’. The consultation period closed for submissions on 3 May, although some organisations have been given an extended deadline. (For more detailed background on the Law Commission’s work please see the first post in this series). 

The Information Law and Policy Centre is re-publishing some of the submissions written by stakeholders and interested parties in response to the Law Commission’s consultation report (pdf) to our blog. In due course, we will collate the submissions on a single resource page. If you have written a submission for the consultation you would like (re)-published please contact us

Please note that none of the published submissions reflect the views of the Information Law and Policy Centre which aims to promote and facilitate cross-disciplinary law and policy research, in collaboration with a variety of national and international institutions.

The fourteenth submission in our series is the response submitted by Guardian News and Media. The executive summary outlines that Guardian News and Media is “very concerned that the effect of the measures set out in the consultation paper (‘CP’) would be to make it easier for the government to severely limit the reporting of public interest stories”.

[gview file=”http://infolawcentre.blogs.sas.ac.uk/files/2017/08/GNM-Law-Commission-OSA-Response-FINAL-July-2017-1.pdf”]

(Previous submissions published in this series: Open Rights GroupCFOI and Article 19The Courage FoundationLibertyPublic Concern at WorkThe Institute of Employment RightsTransparency International UKNational Union of Journalists, and English Pen, Reporters Without Borders and Index on Censorship, the Open Government NetworkLorna Woods, Lawrence McNamara and Judith Townend, Global Witness, and the British Computer Society.)

Submissions to the Law Commission’s consultation on ‘Official Data Protection’: Global Witness

The Law Commission has invited interested parties to write submissions commenting on the proposals outlined in a consultation report on ‘official data protection’. The consultation period closed for submissions on 3 May, although some organisations have been given an extended deadline. (For more detailed background on the Law Commission’s work please see the first post in this series). 

The Information Law and Policy Centre is re-publishing some of the submissions written by stakeholders and interested parties in response to the Law Commission’s consultation report (pdf) to our blog. In due course, we will collate the submissions on a single resource page. If you have written a submission for the consultation you would like (re)-published please contact us

Please note that none of the published submissions reflect the views of the Information Law and Policy Centre which aims to promote and facilitate cross-disciplinary law and policy research, in collaboration with a variety of national and international institutions.

The twelfth submission in our series is the response submitted by Global Witness.

[gview file=”http://infolawcentre.blogs.sas.ac.uk/files/2017/07/GW-Letter-to-Law-Commission.pdf”]

(Previous submissions published in this series: Open Rights GroupCFOI and Article 19The Courage FoundationLibertyPublic Concern at WorkThe Institute of Employment RightsTransparency International UKNational Union of Journalists, and English Pen, Reporters Without Borders and Index on Censorship, the Open Government Network, and Lorna Woods, Lawrence McNamara and Judith Townend.)

Any reform to the law on Official Secrets must provide robust protection for public interest disclosures and open justice

Lorna Woods, Lawrence McNamara and Judith Townend – affiliated members of the Information Law and Policy Centre – comment on the Law Commission’s proposals to reform ‘Protection of Official Data’. This blog post accompanies their submission to the Law Commission’s consultation, and is part of our series documenting the submissions.  

With the election now in the past, the wheels of government are beginning to grind again. While most eyes are on Brussels, it is important that the bright lights of Brexit do not draw attention away from other work that is resuming and ongoing. Among it, the Law Commission will continue its project that considers the revision of the laws on Official Secrets, with its final proposals expected later this year.

The initiative to consider existing law on the ‘Protection of Official Data’ – primarily the Official Secrets Acts 1911-1989 – began with the Cabinet Office when it referred the project to the Commission in 2015. A 315-page consultation paper with provisional recommendations was published by the Commission in spring 2017. It will be the Government that will decide how to proceed, and whether to introduce new draft legislation, once the final recommendations are made.  (No reference to Official Data or Official Secrets was made in the Queen’s Speech).

The Law Commission, which came under – perhaps unanticipated – fire from the media and NGOs for the nature of the proposed reform plans and a perceived lack of consultation before the first report was published, has since been engaging with a wider range of groups and individuals through in-person meetings. It has also published a ‘myth-buster’ on Twitter in response to some of the reports, and shared more explanatory material ahead of meetings.

However, this has not assuaged concerns, with strong reservations about the proposals expressed in a range of written industry and third sector written submissions, a number of which are available online.

We are among those who have met with the Law Commission since publication of its report, and in our written submission we focus on aspects of the consultation that relate to freedom of expression and the public interest: the public interest defence; the Independent Statutory Commissioner model; and access to court proceedings. We also address the related issue of the conduct of trials.

In important respects our position on these issues is often substantially at odds with the Law Commission’s provisional views. In summary:

  • We reject the Commission’s view that the difficulties surrounding a public interest defence outweigh its benefits. We recommend that there should be a public interest defence in official secrets offences for all those engaged in journalism in the public interest, including sources;
  • We recommend that any reformed system should not rely solely on an independent Statutory Commissioner (as the Commission suggests). It should instead adopt the Canadian model of an Independent Commissioner in addition to a public interest defence for official secrets offences;
  • We agree that the Commission’s proposed test of necessity for closing public access to proceedings is an improvement on the current law, but we argue that the proposed change alone falls short of what is required to adhere to the rule of law;
  • We disagree with the Commission’s tentative suggestion that the availability of closed material procedures in civil cases, now permitted under the Justice and Security Act 2013, should prompt a wider review of the ways that fair trial rights and safeguarding of secrets is balanced in criminal cases. On the contrary, there is no good reason at this point in time to embark on a wider review of criminal process and national security issues.

Our full submission can be read at this link.

As a research exercise, independent from the official consultation, the Information Law and Policy Centre at the Institute of Advanced Legal Studies is continuing to publish submissions on this topic: if you or your organisation would like to share yours in this way, please contact Dr Daniel Bennett at daniel.bennett@sas.ac.uk.

Professor Lorna Woods is professor in law, University of Essex; Dr Lawrence McNamara is a reader in law, University of York and senior research fellow at the Bingham Centre for the Rule of Law; and Dr Judith Townend, is a lecturer in media and information law at the University of Sussex.

They are also affiliated to the Information Law and Policy Centre (ILPC) at the Institute of Advanced Legal Studies. The views expressed by the authors in this report are made in a personal capacity and do not represent the views of the ILPC.

Submissions to the Law Commission’s consultation on ‘Official Data Protection’: Lorna Woods, Lawrence McNamara and Judith Townend

The Law Commission has invited interested parties to write submissions commenting on the proposals outlined in a consultation report on ‘official data protection’. The consultation period closed for submissions on 3 May, although some organisations have been given an extended deadline. (For more detailed background on the Law Commission’s work please see the first post in this series). 

The Information Law and Policy Centre is re-publishing some of the submissions written by stakeholders and interested parties in response to the Law Commission’s consultation report (pdf) to our blog. In due course, we will collate the submissions on a single resource page. If you have written a submission for the consultation you would like (re)-published please contact us

Please note that none of the published submissions reflect the views of the Information Law and Policy Centre which aims to promote and facilitate cross-disciplinary law and policy research, in collaboration with a variety of national and international institutions.

The eleventh submission in our series is the response submitted by Professor Lorna Woods (professor in law, University of Essex); Dr Lawrence McNamara (reader in law, University of York and senior research fellow at the Bingham Centre for the Rule of Law); and Dr Judith Townend, (lecturer in media and information law at the University of Sussex). They are all affiliated members of the Information Law and Policy Centre. The views expressed by the authors in this report are made in a personal capacity and do not represent the views of the ILPC. Their submission was accompanied by a blog post

(Previous submissions published in this series: Open Rights Group, CFOI and Article 19, The Courage FoundationLibertyPublic Concern at WorkThe Institute of Employment RightsTransparency International UKNational Union of Journalists, and English Pen, Reporters Without Borders and Index on Censorship, and the Open Government Network.)

[gview file=”http://infolawcentre.blogs.sas.ac.uk/files/2017/06/Law-Commission-Consultation-on-the-Protection-of-Official-Information-Woods-McNamara-Townend-09062017-final-online.pdf”]

Submissions to the Law Commission’s consultation on ‘Official Data Protection’: The Open Government Network

The Law Commission has invited interested parties to write submissions commenting on the proposals outlined in a consultation report on ‘official data protection’. The consultation period closed for submissions on 3 May, although some organisations have been given an extended deadline. (For more detailed background on the Law Commission’s work please see the first post in this series). 

The Information Law and Policy Centre is re-publishing some of the submissions written by stakeholders and interested parties in response to the Law Commission’s consultation report (pdf) to our blog. In due course, we will collate the submissions on a single resource page. If you have written a submission for the consultation you would like (re)-published please contact us

Please note that none of the published submissions reflect the views of the Information Law and Policy Centre which aims to promote and facilitate cross-disciplinary law and policy research, in collaboration with a variety of national and international institutions.

The tenth submission in our series is the response submitted by Involve on behalf of the Open Government Network.    

(Previous submissions published in this series: Open Rights Group, CFOI and Article 19, The Courage FoundationLibertyPublic Concern at WorkThe Institute of Employment RightsTransparency International UKNational Union of Journalists, and English Pen, Reporters Without Borders and Index on Censorship)

[gview file=”http://infolawcentre.blogs.sas.ac.uk/files/2017/06/Response-to-the-consultation-Protecting-Official-Data-On-behalf-of-the-OGN.pdf”]

Submissions to the Law Commission’s consultation on ‘Official Data Protection’: English Pen, Reporters Without Borders and Index on Censorship

The Law Commission has invited interested parties to write submissions commenting on the proposals outlined in a consultation report on ‘official data protection’. The consultation period closed for submissions on 3 May, although some organisations have been given an extended deadline. (For more detailed background on the Law Commission’s work please see the first post in this series). 

The Information Law and Policy Centre is re-publishing some of the submissions written by stakeholders and interested parties in response to the Law Commission’s consultation report (pdf) to our blog. In due course, we will collate the submissions on a single resource page. If you have written a submission for the consultation you would like (re)-published please contact us

Please note that none of the published submissions reflect the views of the Information Law and Policy Centre which aims to promote and facilitate cross-disciplinary law and policy research, in collaboration with a variety of national and international institutions.

The ninth submission in our series is the joint response submitted by English Pen, Reporters Without Borders and Index on Censorship. Their joint submission was accompanied by a press release calling for the inclusion of a ‘public interest defence’ as part of the reforms.   

(Previous submissions published in this series: Open Rights Group, CFOI and Article 19, The Courage FoundationLibertyPublic Concern at WorkThe Institute of Employment RightsTransparency International UK and the National Union of Journalists.)

[gview file=”http://infolawcentre.blogs.sas.ac.uk/files/2017/06/English-Pen-IoC-and-RSF-Protection_of_official_data_-_law_commission_consultation_response_-_2_5_2017.pdf”]

Submissions to the Law Commission’s consultation on ‘Official Data Protection’: National Union of Journalists (NUJ)

The Law Commission has invited interested parties to write submissions commenting on the proposals outlined in a consultation report on ‘official data protection’. The consultation period closed for submissions on 3 May, although some organisations have been given an extended deadline. (For more detailed background on the Law Commission’s work please see the first post in this series). 

The Information Law and Policy Centre is re-publishing some of the submissions written by stakeholders and interested parties in response to the Law Commission’s consultation report (pdf) to our blog. In due course, we will collate the submissions on a single resource page. If you have written a submission for the consultation you would like (re)-published please contact us

Please note that none of the published submissions reflect the views of the Information Law and Policy Centre which aims to promote and facilitate cross-disciplinary law and policy research, in collaboration with a variety of national and international institutions.

The eighth submission in our series is the response submitted by the National Union of Journalists (NUJ). The NUJ’s submission was accompanied by a press release arguing “that editorial matters relating to national security, official secrets and the public interest are decisions best left to journalists.”

(Previous submissions published in this series: Open Rights Group, CFOI and Article 19, The Courage FoundationLibertyPublic Concern at WorkThe Institute of Employment Rights and Transparency International UK)

[gview file=”http://infolawcentre.blogs.sas.ac.uk/files/2017/06/NUJ-Law-Commission-submission-June-2017.pdf”]

Submissions to the Law Commission’s consultation on ‘Official Data Protection’: Transparency International UK

The Law Commission has invited interested parties to write submissions commenting on the proposals outlined in a consultation report on ‘official data protection’. The consultation period closed for submissions on 3 May, although some organisations have been given an extended deadline. (For more detailed background on the Law Commission’s work please see the first post in this series). 

The Information Law and Policy Centre is re-publishing some of the submissions written by stakeholders and interested parties in response to the Law Commission’s consultation report (pdf) to our blog. In due course, we will collate the submissions on a single resource page. If you have written a submission for the consultation you would like (re)-published please contact us

Please note that none of the published submissions reflect the views of the Information Law and Policy Centre which aims to promote and facilitate cross-disciplinary law and policy research, in collaboration with a variety of national and international institutions.

The seventh submission in our series is the response submitted by Transparency International UK

(Previous submissions published in this series: Open Rights Group, CFOI and Article 19, The Courage FoundationLibertyPublic Concern at Work and The Institute of Employment Rights)

[gview file=”http://infolawcentre.blogs.sas.ac.uk/files/2017/06/Protection-of-official-data-TI-UK-submission.pdf”]