A Study in Official Openness

It is probably hard for those outside the UK to appreciate the extent of the secrecy that has pervaded public life here for centuries. The clearest manifestation of this is the pernicious Official Secrets Act, which makes pretty much anything a secret if the Government says it is.

Against this presumption that the public has no right to know anything, the passage of the Freedom of Information Act in 2000 was a major milestone, and credit must be given to the current Government for finally making it a reality. This is especially the case since it is clear that the information released by Act is proving a major embarrassment at times, thanks to both an increasingly demanding public and a commendably independent commissioner, Richard Thomas.

As the foreword to his first Annual Report makes clear, he is acutely aware of the central position that his department occupies in today's world, where there is an inevitable tension between his two main tasks: promoting openness and protecting privacy:

Never before has the threat of intrusion to people’s privacy been such a risk. It is no wonder that the public now ranks protecting personal information as the third most important social concern. As technology develops in a globalised 24/7 culture, power increases to build comprehensive insights into daily lives. As internet shopping, smart card technology and joined-up e-government initiatives reduce costs, respond to customers’ demands and improve public services, more and more information is accumulated about us. According to one estimate, information about the average working adult is stored on some 700 databases. New information is added every day. Much of this will be confidential material which we do not want others to see or use unless we say so. There are obvious risks that information is matched with the wrong person or security is breached. The risks increase substantially as information is shared from one database to another, or access granted to another group of users. Real damage can arise when things go wrong – careers and personal relationships can be jeopardised by inaccurate information. Identity theft can involve substantial financial loss and loss of personal autonomy.

The vast majority of information that is held on adults, and increasingly on children, serves a useful purpose and is well intentioned. But everyone recognises that there must be limits. Data protection provides the framework. It raises questions about where lines should be drawn. What is acceptable and what is unacceptable? What safeguards are needed? What is the right balance between public protection and private life? How long, for example, should phone and internet traffic records be retained for access by police and intelligence services fighting terrorism? Whose DNA should be held, and for how long, to help solve crime? What safeguards are needed for commercial internet-based tracking services which leave no hiding place?

All power to Mr Thomas' elbow.