Towards a Freedom of Information Law in Qatar

1. Towards a Freedom of Information Law in Qatar Fahad bin Mohammed Al Attiya Executive Chairman, Qatar National Food Security Programme

2. Contents • Overview • UK Legal Framework • Context • Exemptions • Publication • Appeal Structure • Benefits for Qatar

3. Overview Freedom of Information (FOI) laws around the world Freedom of information laws exist in various countries including the UK, Australia, New Zealand, Canada, USA, Ireland Other countries e.g. South Africa and various countries in Asia are in the process of adopting FOI laws

4. UK Legal Framework Freedom of Information Act 2000 In force on 1 January 2005 Provides access to any recorded information held by public authorities Regulates disclosure of information Anyone can request information 23 exemptions allow information to be withheld “Environmental information” is subject to similar rights under the Environmental Information Regulations 2004, though procedural differences exist

5. UK Legal Framework Context - Who is subject to the Act? UK central and local governments and government departments All public authorities in England, Wales and Northern Ireland Scotland has its own Freedom of Information Act (this is very similar to that of the rest of the UK) The Act generally doesn’t apply to private entities However, private entities which may be partly or fully owned by a ‘public authority’ or provide services on behalf of a public authority are covered by the Act

6. UK Legal Framework Context - Who can request information? Anyone can request information; any person, foreign national or company Information can be requested from anywhere in the world Government departments can therefore in principle request information from one another via FOIA No reason is necessary in order to request information There are no restrictions on age or nationality “Vexatious” or repeated requests may be refused

7. UK Legal Framework Context - What can be requested? A general right to access any recorded information held by public authorities, including: Emails Research Reports Printed or handwritten documents Images Video and audio recordings Meeting minutes Response to be given within 20 working days

8. UK Legal Framework Common Exemptions There are 23 exemptions under FOIA; public authorities may decline to disclose information under any relevant exemption 2 types of exemption: absolute and qualified Qualified exemptions require a “public interest test” to be applied, to balance the public’s interest in knowing the information against the public authority’s (or another party’s) interest in withholding it For example, information which prejudices specified commercial interests can in certain circumstances be withheld from disclosure

9. UK Legal Framework Absolute Exemptions - Examples s.21 Information accessible to applicant by other means s.23 Information supplied by, or relating to, bodies dealing with security matters s.32 Court records, etc s.34 Parliamentary privilege s.40 Personal information s.41 Information provided in confidence s.44 Prohibitions on disclosure, where a disclosure is prohibited by an enactment, or would constitute contempt of court

10. UK Legal Framework Qualified exemptions - Examples s. 22 Information intended for future publication s. 30 Investigations & proceedings conducted by public authorities s. 31 Law enforcement s. 36 Prejudice to effective conduct of public affairs s. 38 Health & Safety s. 43 Commercial interests

11. UK Legal Framework Publication Scheme FOIA requires every public authority to have a publication scheme, approved by the Information Commissioner’s Office, to publish information covered by the scheme This is a proactive way to release information into the public domain The scheme should set out the commitment to publish various classes of information such as minutes of meetings, financial statistics and annual reports

12. UK Legal Framework Appeal Structure The Information Commissioner is an independent public official who reports directly to Parliament The Information Commissioner is responsible for overseeing FOIA (and other information legislation) The Commissioner himself is subject to FOIA Appeal structure – Executive Override With an Executive Override, a public authority (upon receiving a signed certificate from the Cabinet Minister) can overrule the Commissioner’s decision There is however no right of appeal against this Ministerial Certificate

13. Benefits for Qatar This legislation would empower individuals to examine and analyze the effects of government policies and ensure transparency and accountability

14. Benefits for Qatar Interface with other laws Environment Information Regulations 2004 Similar regime to FOI although relates to “environmental information” UK common law of confidence Common law duty of confidentiality exists Official Secrets Act 1911 It used to be an offence for a civil servant or public contractor to reveal any information learned throughout their time in work This fell under section 2 of the Official Secrets Act 1911 which was reformed in 1989 This still raises national security questions Data Protection Act 1998 This restricts the release of personal information pursuant to a request for information made under FOIA

15. Benefits for Qatar Safeguarding Individual information Personal data must be: • fairly and lawfully processed • processed for specified purposes • adequate, relevant and not excessive • accurate and up-to-date • not kept for longer than is necessary • processed in line with individual rights • kept secure • not transferred to countries without adequate protection