Freedom of Information request raises question of ethics for Swansea gallery
The Glynn Vivian Art Gallery in Swansea is facing an ethical dilemma after being asked to disclose the insurance valuations …
The Glynn Vivian Art Gallery in Swansea is facing an ethical dilemma after being asked to disclose the insurance valuations of items in its collections under the Freedom of Information Act. While divulging financial information about collections could be in breach of the Museums Association's code of ethics, non-compliance with the recently passed Act would be a breach of the law.
The South Wales Evening Post ran a negative story about the gallery in February, after its reporter's request for a list of works of art worth more than £50,000 was turned down.
Swansea council, which oversees the gallery, consulted local police before making the decision to turn down the request under section 31 of the Act (disclosure of information likely to prejudice the prevention of crime), and section 43 of the Act (disclosure of information likely to prejudice the commercial interests of any person).
According to a spokesman for Swansea council, the decision was also informed by the MA's code of ethics, which states: 'Encourage public appreciation of the cultural, rather than financial, value of items. Refuse to put a financial value on items for the public. (Valuation for a museum's own internal management processes, such as insurance and acquisition, is ethical.)'
The newspaper stated that it would complain to the Information Commissioner, but Swansea council confirmed that it has not yet received a formal complaint.
Terry Marshall, the finance manager for the Museums, Libraries and Archives Council, said an English museum had called him for advice on exactly the same issue: 'This is the sort of information newspapers are interested in. It breaches ethical values, but there is no way round it,' he said. Lawyers for the local authority concerned were looking into it, he said, but were 'not optimistic'.
The act gives a general right of access to information held by public authorities. But because the act is still in its infancy, many public bodies are unsure what information must be divulged on request. Newspapers, in particular, are testing the law, and it will become clear over time what information museums will be required to give up.
Geoffrey Lewis, a former chairman of the International Council of Museums ethics committee, said that other EU countries had similar laws, but in practice museums did not usually divulge information of this sort.
The South Wales Evening Post ran a negative story about the gallery in February, after its reporter's request for a list of works of art worth more than £50,000 was turned down.
Swansea council, which oversees the gallery, consulted local police before making the decision to turn down the request under section 31 of the Act (disclosure of information likely to prejudice the prevention of crime), and section 43 of the Act (disclosure of information likely to prejudice the commercial interests of any person).
According to a spokesman for Swansea council, the decision was also informed by the MA's code of ethics, which states: 'Encourage public appreciation of the cultural, rather than financial, value of items. Refuse to put a financial value on items for the public. (Valuation for a museum's own internal management processes, such as insurance and acquisition, is ethical.)'
The newspaper stated that it would complain to the Information Commissioner, but Swansea council confirmed that it has not yet received a formal complaint.
Terry Marshall, the finance manager for the Museums, Libraries and Archives Council, said an English museum had called him for advice on exactly the same issue: 'This is the sort of information newspapers are interested in. It breaches ethical values, but there is no way round it,' he said. Lawyers for the local authority concerned were looking into it, he said, but were 'not optimistic'.
The act gives a general right of access to information held by public authorities. But because the act is still in its infancy, many public bodies are unsure what information must be divulged on request. Newspapers, in particular, are testing the law, and it will become clear over time what information museums will be required to give up.
Geoffrey Lewis, a former chairman of the International Council of Museums ethics committee, said that other EU countries had similar laws, but in practice museums did not usually divulge information of this sort.