Freedom of Information Flashcards
What is freedom of information?
A right for us all to access government held information.
Relevant legislation in relation to freedom of information?
Freedom of Information Act 2000
When did FOI 2000 come into force?
1/1/2005
- government had to be trained to deal with the Act
How was art10 interpreted:
- Roche v UK
- Hungary case?
- an inability for the government to stop you accessing info that was already available
- State under a positive obligation to provide government held information to those who request it.
Who can make a request? How do they make a request?
s1 - anyone
s8 - in writing, name and address
What counts as a public authority for the purposes of making a request?
s3 - bodies listed in Sch1 of FOI 2000
BBC: purposes other than journalism, art, literature
BBC v Sugar.
- request to access internal report, bias reporting of Middle East
- BBC’s refusal to disclose information was lawful
- any information relating to journalism can be excluded, even if predominently used for other purpose
Exemptions from an information request.
Absolute Qualified Class-based Prejudice-based Absolute class-based
R(Evans) v AG
- Princes Charles letters to gov parties
- tribunal found in favour of disclosing documents
- cabinet issued veto
- ministerial veto quashed
- court decision are binding and cannot be ignored
- s53 cannot be invoked merely because exec takes different view from court
Key differences with FOI and FOI(S)A 2002.
- only FM can exercise ministerial override
- substantial prejudice (not just prejudice)
- no specific duty to confirm requested info
Appealling a denied request. What notices can be given?
Information Commissioner hears complaints when request has been denied.
- s50-54
- decision notice
- information notice
- enforcement notice
