16: FOI

Question 1

What is the Freedom of Information Act 2000?

Answer 1

-gives people access to public information
-allows people to find out things that would otherwise be secret
-allows journalists to hold those in power to account
-gives the public knowledge to enable them to give informed consennt
any person who makes request to a public authority is required:
-to be informed in writing by the public authority whether it holds that information
-if it does, to have that info communicated to them within 20 working days.

Question 2

who can apply an FOI?

Answer 2

Anyone- no need to be UK citizen
-must apply in writing- emails are ok
-must include name and address
-must describe info you require
-do not have to explain why

Question 3

According to what act do public authorities have to reply to FOIs?

Answer 3

-Section 16 of the Act states that a public authority dealing with an FOI request has statutory duty to give advice and assistance to applicant
-Section 17 of the Act says that if public authority declines they must issue a written Refusal Notice stating reasons why
-appeal to public authority
-if appeal fails, right to approach Information Commissioner.

Question 4

What can requests be turned down on grounds of?

Answer 4

-info is exempt
-request is ‘vexatious’ or similar to previous request
-cost
-data protection act 1998

Question 4

what are exemptions to FOI info?

Answer 4

absolute or qualified:
-Absolute exemption means that the information does not have to be released
-qualified exemptions are subject to a public interest test
-public body can withhold info if public interest outweights the interest in disclosure
-public interests means the public good

Question 5

What is the Data Protection Act 1998

Answer 5

barring release of info about an individual:
can include:
-names
-job descriptions
-decisions made as part of employment
-expenses
-pay bands

cannot:
-home address
-family details
-bank accoutn details
-activities unrelated to public duties

Question 5

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