By Toby McIntosh
Access to government information is becoming a coronavirus casualty in some countries.
Governments around the world, some which have sent workers home, are announcing interruptions in responding to requests.
One of the harshest restrictions is in Brazil.
The president by “medida provisória” decree (Portuguese) said government officials are not obliged to answer any freedom of information (FOI) requests during the outbreak of COVID-19 if the official needs be at the office to access the piece of information requested.
More than 70 civil society organizations in Brazil put together a public statement asking parliament and/or the federal government to repeal the decree.
They also protested that although the decree (Art. 6-B) aims to prioritize responses to requests related to the pandemic, it does not specify how this would happen, if the response time would be shorter and what are the criteria for this prioritization. The March 24 statement includes a variety of other objections, concluding that the decree is violates the constitutional right of access to information of collective interest.
In Serbia, the state of emergency doesn’t officially modify access to information, but with civil servants out of their offices, the system’s functioning is limited. A request from Transparency Serbia challenging an official statement that the number of ventilators/respirators in medical facilities is a “state secret,” has not been answered.
Countries Delay Response Times
Journalists and others writing in to ask for information are being told to expect delays.
Perhaps the most pro-transparency response came in New Zealand, where the ombudsman cautioned that circumstances would be challenging and urged cooperation. He suggested prioritization of requests concerning pubic health. Complementing this message, Minister of Justice Andrew Little tweeted, “The Official Information Act remains important for holding power to account during this extraordinary time.”
That approach, was the exception. Many countries have issues statements warning of delays.
This article includes information on Australia, Brazil, Canada, El Salvador, India, Italy, Hong Kong, Mexico, New Zealand, Romania, Serbia, the United Kingdom and the United States.
In Mexico, the National Institute of Transparency (INAI) decided to suspend the deadlines from March 23 to April 17, according to El Universal (Spanish).
In Romania, the state of emergency presidential decree includes a provision extending the time period for responding to freedom of information requests from 10 days to 20 days. Responses to journalists are supposed to handled in a day, which would now be two days, but an expert on the system noted that legal timeframes were often ignored.
The Italian government said that from March 8 to May 31 action on requests that are “not urgent and cannot be postponed” is suspended. With information officers working remotely, without access to physical documents, the likelihood of replies is diminished. The government doesn’t specify whether COVID–related requests fall under the “urgent” category.
Agency Reaction Varies in US
In the United States, some agencies are curtailing FOI operations. Some made their announcements during the annual Sunshine Week celebrating transparency.
The Federal Bureau of Investigation, citing COVID-19, told requesters that it would no longer accept emailed requests and sent its FOI processing staff home. Buzzfeed News’ Jason Leopold wrote about this development, and others, around the government.
Unlike the FBI, however, most agencies said they now prefer email requests.
Some agencies don’t expect delays, according to a log of US restrictions at a dozen agencies being kept by the Reporters Committee for the Freedom of he Press. But some do. The Interior Department said answers “will very likely be delayed.” State Department operations are “suspended.”
The US Congressional Research Service prepared a chart of 13 agencies’ statements regarding COVID-19’s impact on FOIA request processing, with some notes on their policies on requests for expedited handing.
US Groups Urge Transparency
More than 130 US freedom of expression groups signed a statement addressing the importance of government transparency during the COVID-19 pandemic. Delays are also occurring at the state and local levels.
“During a public health crisis, transparency is especially important to ensure the availability of information about the government’s response to the crisis,” according to the Reporters Committee for Freedom of the Press , which covered FOI, open meetings and other topics in a position paper, Press Freedom and government transparency during COVID-19.
“Federal agencies should liberally grant expedited processing of FOIA requests related to COVID-19 from members of the news media under the statutory definition of compelling need.” the group said, also urging proactive disclosure.
Transparency International’s US Secretariat sent 25 anti-corruption measures to Congress. Included among many disclosure suggestions is, “Extend Freedom of Information Act and Privacy Act (FOIA/PA) obligations and requirements to private-sector companies that receive federal contracts.”
Delays Expected in Many Countries
In some countries, agencies have warned of delays, without specifically lengthening deadlines.
Requests in Canada are being placed “on hold for the time being,” according to a response sent to requester Ken Rubin.
The UK Information Commissioners Office noted a week ago that some responses would be delayed and that it will be lenient with government agencies. It later advised that requests sent by mail are not being reviewed, urging contact online or by phone.
The Australian Information Commissioner posted, “We also acknowledge that the impact of the coronavirus may affect the ability of agencies to meet statutory timeframes for processing freedom of information requests. We recommend agencies consider a range of measures to help meet these obligations.” A
The Hong Kong Office of Ombudsman, which handles appeals of the FOI law, announced “the Office will only provide basic and limited service.”
In India, the Central Information Commission said it would handle appeals based on written submissions of parties while the country is in lockdown mode, The Deccan Herald reported. “Hearing will be limited to urgent matters through video and audio conference…,” the appellate body said, “Personal appearance of parties or their representatives is dispensed with.” The CIC also said it plans to explore “intensive use of technology of tools.”
In El Salvador, Congress passed a decree suspending the majority of judicial and administrative procedures, probably affecting the work of the Salvadoran Access to Information Agency.
New Zealand, Canadian Officials Stress Normalcy
The New Zealand ombudsman issued a statement urging requesters to be understanding and agencies to continue to make their best efforts to provide answers. “I don’t want to place any unnecessary burden on agencies or ministers but at the same time, big decisions are being made in the wake of the global outbreak and they must be in a position to respond to requests from the media and others for information about those issues as soon as possible,” wrote Chief Ombudsman Peter Boshier.
“There may be a need for even greater transparency when a decision involves public health and safety or those that affect someone’s financial circumstances, housing situation or family circumstances. I have told my staff to give these kinds of complaint priority,” he also said.
Complementing this message, the Minister of Justice Andrew Little tweeted, “The Official Information Act remains important for holding power to account during this extraordinary time.”
Canada’s information commissioner Caroline Maynard stressed that government officials, even while working from home “must ensure that they and their officials generate, capture, and keep track of records that document decisions and actions, and that information is being properly managed at all times.”
UN Special Rapporteur, Others, Back Transparency
The UN Special Rapporteur on freedom of expression and colleagues issued a statement March 19 urging disclosure of information, internet access and protection journalists. It said in part:
First, it is essential that governments provide truthful information about the nature of the threat posed by the coronavirus. Governments everywhere are obligated under human rights law to provide reliable information in accessible formats to all, with particular focus on ensuring access to information by those with limited internet access or where disability makes access challenging.
Human Rights Watch said, “Governments are responsible for providing information necessary for the protection and promotion of rights, including the right to health.” It covered this and other topics in Human Rights Dimensions of COVID-19 Response.
Transparency International expressed concern about the prospects for more corruption, stating, “It is essential that transparency, openness and integrity are maintained and extended across the health sector.”
