Freedom of information FAQs. FOI compliance can be complex, and his is especially true when dealing with exemptions or internal reviews. However, there are some basics to freedom of information people and organisations often get wrong.
Here we will explore some of the key concepts organisations need to bear in mind to ensure compliance with their statutory duties.
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What is the Freedom of Information Act 2000?
The Freedom of Information Act 2000 (FOIA) gives you the right to request information held by public authorities in the UK. This includes information held by central government departments, local authorities, the NHS, the police, and other public bodies.
Schedule 1 of the act sets out the public bodies to which the Act applies.
Who can make a request under the FOIA?
Anyone can make a request under the FOIA, regardless of their nationality, age, or residency status. You do not need to give a reason for your request.
That means anyone in the world can seek information held by public authorities. This is deliberate, because in some other countries journalism and investigations into government behaviour is restricted. One of the aims of the Act is to support people who have a reasonable suspicion of wrongdoing.
In most instances you should not take into account the identity of the requestor when processing an information request.
What types of information are covered by the FOIA?
The FOIA covers a wide range of information, including:
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Correspondence between public authorities and individuals or organisations
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Minutes of meetings
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Reports
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Policies and procedures
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Financial information
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Contracts
in short anything held by or on behalf of a public authority falls inside the scope of the Act. Some things are not within scope, but they tend to be inherently temporary media such as voicemails. There are also some types of information that are exempt from disclosure due to sections of the act setting out exempt information (see below).
Draft documents do fall within the scope of the Act. Also “secret” or other restricted documents are disclosable. information is only not disclosable if an exemption applies.
What information is exempt from disclosure under FOIA?
There are a number of exemptions under the FOIA, which means that public authorities are not obliged to disclose certain types of information. These exemptions include information that is:
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Commercially sensitive data
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Information related to national security
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Things covered by legal privilege
Exemptions come in two types. There are absolute of class based exemptions. The is exempt information if it falls into certain classes. For example data about the requestor is exempt because they can make a subject access request under the Data Protection Act.
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find out more about absolute exemptions here.
The second type of exemptions are prejudice based exemptions. Under these exemptions information is exempt if the public interest in withholding it is greater than the public interest in releasing it. These are therefore also called public interest exemptions. Public authorities need to balance the public interest arguments for and against disclosure when making a decision about whether to share the requested information.
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find out more about the public interest test here.
Do people pay to make a request under the FOIA?
Information should be disclosed free of charge. However, public authorities may charge a fee if your request is complex or time-consuming to process.
Examples of when charges may be made include:
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if the requestor wants electronic information in hard copy form. Then printing costs can be charged.
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if the request would take more than £450 to comply with including staff time. In this instance public authorities can either refuse the request or charge for the excess costs.
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How do people make a request under the FOIA?
To make a request under the FOIA people need to make their request directly to the relevant public authority in writing.
Why do requests have to be in writing?
The FOIA requires all requests to be made in writing to ensure that there is a clear record of information requests and that the public authority can understand what information requestors are seeking.
What does “in writing” mean?
In writing includes any written medium. This includes letters, email or via social media. Organisations often fail to treat requests made via social media as valid requests. But they are.
Statutory Time Limits for Compliance
Most public authorities have 20 working days to respond to information requests. If the public authority is unable to respond within 20 working days, they must explain this to the requestor as soon as possible.
Schools have a different timescale for responding due to the nature of schools holidays: 20 school days or sixty working days if this is shorter.
Public authorities must respond as soon as possible and not delay even if they are responding within statutory time limits.
What if people are unhappy with the response to their request?
If people are unhappy with the response they get they should in the first instance ask the public authority to do an internal review. This is when the public authority reconsiders its approach.
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find out more about how to do an internal review here.
If the requestor remains unhappy then they can complain to the Information Commissioner’s Office (ICO). The ICO is an independent body that oversees the FOIA. The ICO can investigate complaints and make recommendations to public authorities.
Why is the Freedom of Information Act important?
The FOIA is important because it gives the public access to information about how public authorities are run. This helps to promote transparency and accountability in government.
The FOIA can also be used to hold public authorities to account for their decisions and actions. For example, you could use the FOIA to obtain information about how a public authority made a decision that affected you.
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Conclusion: Key Takeaways from FOI FAQs
The Freedom of Information Act is a powerful tool that can be used to hold public authorities to account and to learn more about how government works. If you have any questions about the FOIA or how to make a request, you can visit the ICO website or contact the ICO for advice.