If you are planning to file an access to information request with a particular public institution for the first time, you might want to consider your relationship with the Spokesperson of that organisation. The job of the Spokesperson is to put a spin on information and to maintain good relationships with journalists; they may see the filing of an access to information request as an aggressive move which undermines their authority. Access Info knows of cases from Europe and Latin America where spokespersons have phoned journalists and complained in strong language about the fact that a request was filed. Part of the complaint in one case was that the Spokesperson would get into trouble with his bosses for not managing the media effectively. 

So, depending on your relationship with the Spokesperson, you might want to let them know that you plan to file a request, explaining that it’s your legal right under the law, and that it’s a different process from getting comment and opinion via the Spokesperson. Or you may decide just to keep these arguments in your mind in case you get that angry phone call!

Another problem that can arise is that if it is obvious that the request comes from a journalist, it is passed to the Spokesperson rather than being processed as an access to information request. This should not happen and if it does you should complain to the public institution and make clear that you would like your request to be treated on an equal basis with other requests.

TIP! Talk to other journalists and find out their experiences of filing requests and if they have had the problem of complaints from Spokespersons or of requests not being treated as ordinary access to information requests. If this seems to be a common problem you might want to consider raising it with your professional association and getting them to complain to the government or information commissioner or Ombudsman. You might also want to make a story out of it.