Freedom of Information Myths

This article debunks some of the most common myths about FOIA, clarifying how the legislation truly operates.

FOI Requests Are Only for Journalists

Many believe that Freedom of Information requests are primarily for journalists to investigate public authorities. While journalists frequently rely on FOIA, the right to request information is not restricted to the press.

It is there for anyone who has a reasonable suspicion of wrongdoing. Anyone – whether a private citizen, academic researcher, business, or advocacy group – can submit an FOI request.

The Act does not require requesters to justify their need for information or demonstrate any special qualifications.

Public Authorities Can Deny Requests Without Explanation

Some assume that authorities can reject FOI requests without explaining their reasons. In reality, every refusal must be legally justified.

If a request is denied, the authority must specify the reason, citing the relevant exemption under the Act that they are relying on.

Some of these exemption are absolute. However, others – known as public interest exemptions – require a more in depth evaluation.

Additionally, requesters have the right to appeal refusals, first through an internal review and then, if necessary, via the Information Commissioner’s Office (ICO).

This is one of those freedom of information myths that can get organisations into trouble. Always ensure you explain your decision to refuse to share information.

Any Information Requested Must Be Disclosed

It is true to Act applies to any and all information held by and on behalf or public authorities. However, it does not grant unrestricted access to everything.

However, as noted above there are a range of reasons why a request may be refused.

The FOI Act does presume that information should be disclosed, so a balancing act must be done. Public interests exemptions in particular require organisations to show that it is more in the public interest to withhold information than do disclose it.

FOI Requests Are Time-Consuming and Expensive

One of the most common freedom of information myths is that making an FOI request is costly or takes a lot of effort.

In fact organisations can often be proactive, putting a lot of information in the public domain (i.e. on their website) which can reduce the burden of FOI requests.

Also, effective records management and information governance systems mean information should be relatively easy to find and share, just as it should for business as usual activity.

Finally, there is a limit on the amount of time you should spend on a freedom of information request called the “appropriate limit”. This applies when responding to a request would take more than 18 hours in total, in which case it may be refused. This helps ensure requests don’t place an unreasonable burden on organisations.

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The FOI Act Covers All Organisations

FOIA applies to public authorities such as government departments, local councils, police forces, and the NHS. However, it does not usually extend to private companies.

The FOI Act can apply to private or charity sector bodies is they are carrying out public functions or services under contract with a public body. in addition private sector information held by public authorities is disclosable and it is the public authority’s decision whether or not to share it in response to a FOI Request.

There Are No Consequences for Failing to Comply with FOIA

Unlike the GDPR there are no financial penalties for failing to comply with the FOI Act. However, not complying can result in serious consequences. The Information Commissioner’s Office (ICO) has the power to:

• Order public bodies to disclose information

• Impose enforcement notices

• Refer cases for prosecution if records have been deliberately destroyed to avoid disclosure

Actions by the ICO typically have the power of a court order so failure to comply could lead to being found in contempt of court.

FOI Requests Are Always Answered (or Refused) in Full

While public authorities should aim to provide as much information as possible, responses may include partial disclosures.

This happens when some parts of a document contain exempt material while the rest can be released.

This is called “redaction” and can be an important tool. Like any refusal to respond to a request, in whole or in part, requesters have the right to challenge redactions if they believe they are unjustified.

Authorities Should Create Information to Respond to Requests

The FOIA only requires public bodies to disclose existing recorded information. Authorities are not obligated to:

• Conduct new research

• Create reports

• Generate statistics that do not already exist

If the information is not recorded, the request can be lawfully declined. In general public authorities should not create new information to respond to requests.

You Cannot Control Information When It Is Released

Once information is disclosed, it is considered public and can be used by anyone. However, that use is not without limit.

The Open Government Licence (OGL) allows people to freely re-use public sector information, provided they credit the source and comply with the licence terms.

This means respecting the fact that the fact that the public authority that released the information remains the copyright holder over it.

One of the freedom of information myths we are keen to dispel is that people can use information disclosed in any way they want,

Conclusion: Freedom of Information Myths

The Freedom of Information Act is a powerful tool for public accountability, but its effectiveness depends on an accurate understanding of the Act’s requirements.

By debunking these common myths, individuals and organisations can use FOIA more effectively while ensuring realistic expectations. Whether seeking government reports, financial data, or policy details, FOIA remains an essential mechanism for transparency in the UK.

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