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The story so far
In Part 1, I discussed a series of Observer stories about the DfE “keeping files” on the social media activity of their critics. These stories were based on responses to Subject Access Requests (SARs) made by the individuals who were alleged to have been monitored. Some aspects of the stories seemed credible. There had been attempts to cancel some speakers invited to address DfE-funded events. This aspect of the stories was consistent with reports from other media outlets about the government’s excessive vetting of speakers. However, there was a lack of detail about the alleged monitoring of the DfE’s critics and very little description of the contents of the files. Most importantly, it was not confirmed that all the files had existed before the SARs were made.
In Part 2, I looked at responses the DfE had made to Freedom Of Information requests about the Observer’s allegations. The DfE had no records of an organised monitoring operation. It did give details of some circumstances where civil servants might look at social media, none of which amounted to the kind of monitoring of critics implied by the Observer’s story. The responses also pointed out that:
Where individuals make a Subject Access Request (SAR) to meet the legal requirements we are required to collate and provide copies of all the personal information held on them in-line with their request. In doing so this creates a SAR record, this record is only created to be able to respond to the SAR.
There is obviously a big difference between collecting every mention the DfE has of somebody and putting it in a file when they request it, and monitoring somebody and keeping a file on them.
Why the DfE is unlikely to have lied.
There are several reasons to think the DfE was telling the truth.
1) The behaviour of the writer of the Observer’s reports
While the Observer’s Anna Fazackerly could be found on Twitter taking a lot of offence at anybody questioning her story, she would change the subject when challenged about monitoring and keeping files. When asked directly if the files existed before the SAR, she claimed that something other than keeping files was “the key point”.
This was a remarkable response given the headline of one of the stories began with the words “Revealed: UK government keeping files…” and the print headline was even more explicit.
A later response was equally evasive, changing the subject from “keeping dossiers” to attempted cancellation of speakers.
Particularly noticeable is the mention of “all three cases I’ve written about”. The Observer had originally talked about the files of “at least nine individuals” and, later, the monitoring of “dozens” of social media accounts. When did that become “three cases”? Where had all the other cases gone?
2) The behaviour of the individuals who it was alleged had been monitored
I will be careful here, as I think it’s safe to say these people don’t like it when those they disagree with look at their social media or mention them. So you’ll have to either take my word for this or check their Twitter timelines yourself.
As far as I can tell, none of the individuals named by the Observer released their SAR responses to the public. And while it’s harder to check, I don’t think any of the “dozens” who were alluded to in the story, but not named, did either. Some individuals were particularly coy about what their SAR responses contained. Some objected mainly to critical comments, rather than being monitored.
Obviously, nobody has to prove anything to me or the other people who were sceptical of the story. However, it was noticeable that there were individuals who were extremely willing to acknowledge that questions were being asked and simultaneously extremely unwilling to provide answers. A remarkable amount of Twitter discussion seemed focused on attacking the motives of those who asked for more information. Some treated any request for clarification as a demand for evidence. Some found weak excuses to block people who were sceptical about the Observer’s story. There were even several comments about the involvement of lawyers, including a couple that seemed threatening. Some even claimed that there was no way the Observer would publish a story that wasn’t accurate! Despite all this, nobody chose to just show the evidence that there was a pre-existing file being kept on them for no reason other than their social media criticisms of the DfE.
3) An earlier report on the DfE and SARs
In July, there was a Byline Times article, written before the Observer stories, by an author who had access to at least some of the SARs responses. However, far from seeing this the way the Observer did, the article mainly reported on the speaker cancellation aspect of the story. It even repeatedly referred to the DfE “trawling” individual’s social media, rather than monitoring them. The one claim about “monitoring” in that article was based on internal DfE emails entitled “Social Media Digest – Afternoon” that briefly mentioned three tweets by the same individual. The emails and the tweets were months apart, even though “Afternoon” in the title suggests the digest itself would have been far more frequent. Why would such a flimsy example be given if there was good evidence in the SARs of critics being monitored and files being kept on critics? If the DfE was sharing an afternoon digest of social media content, isn’t it inevitable that many prominent edutweeters would be mentioned several times, and some might be mentioned many times? However, it would be extremely odd to describe that as “keeping a file” on them, or to suggest that it was they personally, rather than education social media in general, that was being “monitored”.
4) A Freedom of Information Request from 2022
In August 2022, a campaign group called Privacy International made FOI requests via Whatdotheyknow.com to many government departments, including the DfE, about “monitor[ing] social media of individuals in relation to investigations and intelligence gathering”. While it’s not the clearest of requests, it prompted the following response from the DfE:
The DfE Communications Directorate does not conduct monitoring, investigations or intelligence gathering on members of the public.
The fact that this, without any prompting in the question, refers only to the “DfE Communication Directorate” will I suspect be interpreted by some as evasion. However, this does mean that the DfE has issued denials about monitoring in September 2022 and November 2023. If the Observer story is to be believed, the DfE then admitted to monitoring individuals and keeping files on them in multiple responses to SARs made in between those two times. This seems unlikely.
That’s enough for now
The claims that there was monitoring of “dozens” of individuals and files being kept on at least nine people, merely for criticism of government policy on social media, appear substantially untrue. There may be some wriggle room for claiming that the routine reading and sharing of social media posts about education is “monitoring” but then the whole thing becomes ridiculous. If that’s what is meant by “monitoring” I could claim that I too am “monitored” by the DfE (along with almost 1700 other people).
I suppose we could provisionally accept that the claim about dozens of people being monitored was massively misleading rather than untrue. But if the “monitoring” claims did consist mainly of DfE employees reading, sharing and discussing public social media posts, then the comments that made comparisons with dictatorships were completely deranged. More importantly, we would still have the issue of “keeping files” or even “secret files” about critics for their social media posts (as opposed to other interactions with the DfE) which would still not seem to be true.
This was originally meant to be a single blog post. Then I kept finding more to add as it became apparent that while the Observer and its sources had many allegations, there were hardly any details about what had actually happened. This will, however, be the final post in this series of blog posts. I may return to this topic to discuss the issues around the DfE attempting to cancel speakers. While I am not shocked that the government doesn’t pay for people to oppose its policies, there appear to be genuine grounds for complaint if people are being messed around, or if the vetting process was in some way illegal. There may also be more for me to say about some of the individuals the Observer chose to present as innocent victims of “monitoring” by the DfE. Equally, there may be more to be found out about the DfE’s “social media digest”.
Two Stars and a Wish #10: Mental health interventions; censoring science, and research on exclusions
December 3, 2023My blog posts now appear on andrewold.substack.com/ Please subscribe there, and consider pledging to pay for a paid subscription that will give you access to bonus material.
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