Information Commissioner’s Office

Chris Cook

A few weeks ago, the Financial Times leader column – the voice of the newspaper – issued a fairly damning verdict on the Information Commissioner’s Office about its weak enforcement of the Freedom of Information Act. Big central government departments – particularly the Cabinet Office – routinely flout the law. The ‘paper wrote:

The Cabinet Office scarcely pretends to comply. And why would it? Christopher Graham, the Information Commissioner, is responsible for enforcing the act – and he has proved to be a paper tiger. He has the power to investigate, demand documents and prosecute the non-compliant. But his preferred regulatory tool is forbearance. So the worst that departments have to fear from refusing to follow the law is being asked to have another go at answering requests at some later date.

Mr Graham replied fairly grumpily on our letters page.

…we served a decision notice against the Department for Education, clearly setting out our position in general and on the specific point that the secretary of state’s private email was caught by the act (in the circumstances of that case). We also served a further decision notice ordering the Cabinet Office to comply with a request for information relating to the prime minister’s use of non-GSI email accounts. Non-compliance with the commissioner’s decision notice is contempt of court.

The record shows that the Information Commissioner’s Office regularly makes difficult decisions that challenge Whitehall – and we are not afraid to make them

It was not terribly convincing – and was filleted by others fairly comprehensively. But last week, the Information Commissioner’s Office released some documents in response to a FoIA request about the letter. The surprising part of the release is that it suggests the ICO’s staff not only wrote the letter, but are convinced by their arguments. Given that, it is worth unpacking the claims it makes – not least for their benefit.