FOI, fear and personal emails for public business


"It feels wonderful to work free from fear of FOI!!"

This expression of relief came in an email from a civil servant at the business department discussing government matters - but sent from his personal email account to colleagues at their private email addresses.

I have just been provided with a copy of this email and others about internet policy sent through personal accounts. Although written back in October 2008, the issue they illustrate - of the relationship between FOI, official business and private email accounts - is still very much a continuing one.

The message was sent by Geoff Smith, an official at what was then called the Department for Business, Enterprise and Regulatory Reform (Berr), now the Department for Business, Innovation and Skills.

Geoff Smith email

It dealt with departmental policy towards Nominet, the private company that controls the .uk internet domain and is thus a crucial part of the UK's online operations.

In 2008 the organisation was trapped in a bitter internal dispute. Some involved felt this threatened its ability to fulfil its nationally important responsibilities and could require government intervention.

According to emails seen by the BBC, Mr Smith was one of a group of Berr and Nominet staff who corresponded about Nominet's problems and Berr's position via their personal email accounts.

Some seem to have been worried that earlier official exchanges on these topics could be publicly revealed through freedom of information requests.

In another email obtained by the BBC, Nominet's senior policy adviser Martin Boyle - who had himself only recently worked at Berr - encouraged his former colleagues still at the government department to delete emails because he suspected "a FOI is just around the corner".

Martin Boyle email

Allegations that business department officials used private email addresses to seek to circumvent FOI surfaced in an employment tribunal case involving Nominet, which was first reported last month after legal restrictions were lifted.

BIS and Nominet both declined to comment on the specific content of these emails.

A Nominet spokesperson explained: "It is not our policy to comment on individual emails."

Similarly, a spokesman for the Department for Business, Innovation and Skills (BIS) said: "We won't comment on individual cases, or on leaked documents."

He added: "However, our longstanding IT security policy is clear: All official correspondence from BIS must be undertaken from a BIS email account and all breaches of our IT policy are thoroughly investigated. Additionally, the department is fully committed to the Freedom of Information regime, including the latest guidance from the Information Commissioner's Office regarding the use of personal accounts."

Government policy on internet governance is now handled by the culture department rather than BIS.

Gove appeal

In November the Information Rights Tribunal will hear a case concerning the use of private emails by the Education Secretary Michael Gove and his advisers. The Department for Education is appealing against a decision by the information commissioner, who ruled that private email accounts are subject to FOI requests when used for official business.

Last year Chris Graham, the commissioner, made clear his view that, whatever any officials and ministers think, they can't evade the FOI law by using private email.

In other words, if the tribunal upholds his stance, officials and ministers will find that using personal email accounts does not guarantee that they are operating "free from fear of FOI".

Martin Rosenbaum Article written by Martin Rosenbaum Martin Rosenbaum Freedom of information specialist

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  • rate this

    Comment number 44.

    When you have government officials circumventing the law to avoid transparency then we have a serious problem. Not only is democracy undermined but the state then becomes accountable to the people it works for and we start sliding into totalitarianism. This has to be nipped in the bud and all civil servants private emails must be screened for wrongdoing by an independent body.

  • rate this

    Comment number 43.

    Why was Nominet awarded the job of hosting the .UK domain? What tendering process did it go through? What license fee did it bid? What service level did it promise? What set Nominet apart from the others? It's not a clever job, it's a license to print money.

    The answers, no doubt, will be there for all to see, in the archive of Nominet and BIS documents, memos and emails.

  • rate this

    Comment number 42.

    so then, where do we start with the sackings? Right here.

  • rate this

    Comment number 41.

    Let's face it, who really runs the country? The often nameless and faceless civil service.

    In fact, when thinking of Scottish Independence, people might be better off not asking if they trust Alex, Nicola and Co to run Scotland but - especially with increased devolved powers - but do they trust the Sottish Civil Servants to run Scotland? Are they capable and competent ot do that?

  • rate this

    Comment number 40.

    Guess it all comes down to one of two questions..
    Do Public Servants exist to protect the Public?
    Or do they exist to protect our Politicians?

  • rate this

    Comment number 39.

    Having dealt with Nominet for many years this does not surprise me in the least. Their whole operation has always had a whiff about it and I have long suspected Governmental collusion in thier affairs and their hold on their state sponsored monopoly. I have self censored the above as I know well that if I spoke my mind this would be deleted faster than you can say corruption.

  • rate this

    Comment number 38.

    FOI is irrelevant if you can just exempt the communications you want to from it.

  • rate this

    Comment number 37.

    Very interesting report here:

    Transparent Government, Not Transparent Citizens:
    A Report on Privacy and Transparency for the Cabinet Office
    Kieron O’Hara

  • rate this

    Comment number 36.

    If politics in this land is an onion, democracy is 2 layers deep only.1 swapping blue for red in parliament, 2 populist policies, the opium of democratic delusion. After that, the elite Establishment owns ite.g. FOI request ,Iraq war denied, FOI request Devolution,denied for 75yrs. FOI request - BBC policy on England & English national politicics - denied. I fear a bloody revolution within 50yrs.

  • rate this

    Comment number 35.

    Yet another example of our broken democracy. It is fruitless to expect politicians of any colour to deal with this and the many other festering issues. They are largely all career political apparatchiks totally vested in the status quo. The general contempt for democracy and the electorate displayed over issues from expenses to EU referenda shows that the whole corrupt mess needs clearing out.

  • rate this

    Comment number 34.

    Which begs the question : what is Michael Gove trying to hide?
    His total disinterest in what parents say they want from an education system and the contempt in which he holds us, the electorate.

    Parents don't want choice, they simply want their child to go to a good school.

    The man is arrogant and ignorant, and no amount of private email usage can mask that.

  • rate this

    Comment number 33.

    The worst person for evading FOI requests is Michael Gove, who in the past used his unsecure personal email account for government business.

    Which begs the question : what is he trying to hide ?

  • rate this

    Comment number 32.

    FOI? I want to khow how the Dept of Work & Pensions can see inside our bank accounts, because I've been given a lot of reason to think they can and do...I'd also call it hacking.

  • rate this

    Comment number 31.

    There is only one reason to be outside of the FOI framework, and that's because you fear transparency. And you only fear transparency if you're not conducting your affairs in an honest manner. This won't be the only instance of those in power using covert comms channels to cook their deals.

    Base corruption. I won't be holding my breath for anyone to be punished though. That world died.

  • rate this

    Comment number 30.

    Direct Democracy: For the people by the people

    Representative Democracy: For the elite by the elite

  • rate this

    Comment number 29.

    re my #28 should read: '......appear to be no documents/minutes.'


  • rate this

    Comment number 28.

    This needs sorting- let's remember all the councillors and local govt officials too running a state within a state when it suits them.
    They aren't trustworthy enough to be trusted- for the best possible motives, of course.
    My local authority has spent years talking to a large supermarket plotting a huge development in the middle of a Downs village. Strangely there are documents/minutes.

  • rate this

    Comment number 27.

    Thanks Martin...

    And thanks for investigative journo`s making the States life difficult by asking awkward matter what Blair may opine..

    Good for the Information Commisioner s`well...

    Private emails to circumvent the will of Parliament indeed..public accountability isn`t a shell game....

    Come back when Gove`s dept go to court please Martin..

  • rate this

    Comment number 26.

    I think it may have been two years ago; a debate on this HYS, when government departments regarded some FOI requests being regarded as 'vexatious.'

    As other, more aware posters have pointed out, as public services become more privatised, there is little hope as information becomes more 'commercially sensitive' being used as an excuse for non-disclosure - even when funded by the tax-payer.

  • rate this

    Comment number 25.

    Of course with so much Govt work "outsourced" nowadays (aka privatised.....) half or more of what they do will porbably be protected by "confiedntiality" clauses.......


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