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Assessing the impact of policy on academic research

Assessing the impact of policy on academic research: the Freedom of Information Act 2000

Under the terms of the Public Records Act, researchers used to be able to apply to the Lord Chancellor for permission to access 'closed' files. If granted, the host government department would be advised to allow the researcher to view the relevant files in a secure setting. Now, under section 66 of the FOIA, once a researcher makes an FOI request a sensitivity review is conducted at TNA in conjunction with the record's department of origin to determine whether any exemptions apply. If the file contains the personal data of a living individual, it will either remain closed or be redacted (removing all sensitive information) in order to protect the rights of the subject (under section 40 of the Act). Several government departments, however, still provide researchers with some form of - closely monitored - 'privileged access'. A number of factors account for the persistence of such privileged access, but in general this can be seen as a consequence of departmental attempts to balance the protection of personal data with the aim of promoting transparent and accountable government. Government's recognition of the potential benefits of new research to policymakers and citizens also plays an important part.

Existing access arrangements are therefore inconsistent, but changing record formats threaten to complicate the picture further. The 30-year time lag between current governmental operations and the transfer of documentary records of this activity to TNA means that only a small percentage of digital files are so far accessible online - but government's recent response to the Dacre Review (which in January 2009 recommended a reduction in this 30-year transfer period) may result in the digital record soon becoming the predominant type transferred to TNA. This will have an effect on the way in which records are accessed, processed and stored, both at the 'back-end' (with government departments reviewing their retention schedules and what information they keep) and at the 'front-end' (with regards to access, storage space and future compatibility at TNA, as technology continues to advance).

The 2009 Walport and Thomas Data Sharing Review provides an insight into the future of researchers' access to public records. The authors recommend a 'safe haven' policy, enabling academics to access closed datasets, and - in conjunction with academic funding bodies - government departments such as the Office of National Statistics and Her Majesty's Revenue and Customs are now taking these principles forward. One example of the new services on offer is the ESRC's Academic Data Liaison Service, which encompasses all research areas. The next step for funding councils, public record holders and data providers is therefore to train researchers in the array of data available and the different legislative and technical barriers to access.

Amy Gibbons is a doctoral student at Lancaster University Management School. Her research interests include surveillance and privacy studies (especially the work of privacy advocates) and information rights. She will be presenting on some of these issues at the next LSE & UCL Transparency Workshop in July and the Research Information Network in Glasgow this September.