Private outsourcing companies that win public contracts should be subject to freedom of information rules, according to the outgoing Information Commissioner, who has warned that the existing transparency law is no longer fit for the era. modern.

Elizabeth Denham, whose organization is responsible for investigating data breaches, said the public and media were being left in the dark by private companies taking advantage of the loophole and refusing to provide information .

“The scope of the law does not adequately cover private sector companies that provide public sector services,” she told the House of Commons on Thursday, echoing an idea that was party policy Labor under former leader Jeremy Corbyn. “Up to 30% of public services are provided under contracts with the private sector, but these bodies are not subject to the law.”

Denham also said ministers should ensure that all new government institutions are also subject to freedom of information laws, which allow any member of the public to request documents from organizations. “I am worried when new public bodies are created that are not subject to the same transparency requirements. “

Denham, who resigns next week, also said ministers need to do more to ensure they keep records of official government business, even if it’s through services like WhatsApp and Twitter. His organization is currently investigating the use of private communications for government affairs by individuals from the Department of Health and Welfare, which was responsible for awarding large contracts for the supply of protective equipment and facilities. test at the height of the pandemic.

In one case, former Health Minister Lord Bethell misplaced his personal phone before it could be examined for information.

“It is so important that ministers and senior officials are transparent, that they create permanent files, that they equip the team with freedom of information, that they equip it correctly,” he said. she declared. “Ministers and those at the top of public bodies have a huge influence on whether or not their staff adopts the spirit of transparency in their work. “

Highlighting the role played by freedom of information requests in exposing the Windrush scandal, Denham told the Special Committee on Public Administration and Constitutional Affairs that the legislation should be updated to encourage transparency: “I really think it is time for parliament to consider whether freedom of information should be fit for purpose in the digital age.

She expressed disappointment that the Cabinet Office refused to let her conduct an audit of its central clearinghouse for freedom of information requests, which has been accused of blocking information requests from journalists and activists.

She said the biggest challenge for her successor would be to secure enough government funding to allow her to carry out her job despite the funding cuts: having £ 3.75million ‘