Inquisitorial vs adversarial approach to correspondence such as complaints and takedown requests

[RichardTaylor]

The question has arisen in a couple of cases of to what extent should we take decisions based on evidence presented to us, verses us actively investigating a situation.

Concerns have been raised internally both about:

• Not carrying out enough research, so we didn't make a fully informed decision
• Considering carrying out too much research, especially into individuals (both requesters, and third parties mentioned in FOI correspondence), which can feel disproportionate / inappropriate.

The answer might be mindful proportionality, and not to take a hard-line position on adopting a particular general approach.

We already urge those corresponding with us in relation to take-down requests, complaints, and other correspondence to let us know about material they think we should take into account when making a decision.

There is also a potential clash with our principles / aims, we want to be good citizens, to run the service responsibly in a manner we can be proud of. We also want to build an archive of FOI requests and response and get as many requests/responses into that archive as we can.

If we want to publish material should we go looking for reasons to take it down? It can strengthen our argument to keep material published if we can show we've considered and weighed up arguments to take it down.

We should consider our available resources. We generally don't have the resources to launch massive research exercises in response to concerns, and to do so would be disproportionate. We already often get into disproportionate exercises in response to correspondence.

When it comes to researching the background to cases to inform decisions this is closely linked to:

• Document our journalism strategy #1240

Also related:

• Review and improve the complaints process #1436
• Help page section on policy on removing a requester's access to a response to their request #1442

See also:

• https://en.wikipedia.org/wiki/Inquisitorial_system
• https://en.wikipedia.org/wiki/Adversarial_system

See the notes on Heathrow's entry on WhatDoTheyKnow for a potential illustration of a flaw of the adversarial system.

[RichardTaylor]

This could be yet another area where the WDTK team could use FOI requests themselves, to obtain information to support takedown decision making.

One issue is FOI is often very slow and we generally want to make takedown decisions quickly.