Beyond Freedom of Information Legislation: Navigating Access to Government Data for Independent Research in the UK

Aidinlis, Stergios

Abstract

Freedom of information (FOI) legislation has been a significant pillar of democratic public discourse in the UK by enabling independent researchers to hold the government of the day accountable and scrutinise its actions in an evidence-based manner. The rise of the digital state, however, has placed significant limits on the extent to which UK FOI legislation empowers independent researchers to speak truth to power: modern-day policy decisions are increasingly data-driven, relying on massive datasets that are collected, processed and re-purposed on an ongoing and agile basis. Considering the challenges posed by the data-driven character of modern government, this paper draws on the findings of a mixed-methods historical study based on triangulation of data sources to illustrate the rules that govern independent researcher access to public-sector administrative data in the UK. Examining both data sharing law and practice, the analysis yields the conclusion that data-holding public bodies tend to write and enforce their own access rules, often imposing requirements of relevance to their own policy-making priorities. This often results in insurmountable barriers for researchers who seek to gain access without jeopardising the independent and critical character of their research. To ensure that digital experimentation in the public sector is accompanied by sufficient and independent evidence-based scrutiny, reforming existing legislation is a necessary next step.

Citation

Aidinlis, S. (2023). Beyond Freedom of Information Legislation: Navigating Access to Government Data for Independent Research in the UK. Public Law,

• Journal Article Type: Article
• Acceptance Date: Mar 1, 2023
• Online Publication Date: Mar 14, 2023
• Publication Date: Apr 1, 2023
• Deposit Date: Nov 4, 2024
• Journal: Public Law
• Print ISSN: 0033-3565
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Public URL: https://durham-repository.worktribe.com/output/3081348
• Publisher URL: https://www.sweetandmaxwell.co.uk/Product/Administrative-Law/Public-Law/Hardback/43172683