Freedom of information act Flashcards
What is the Freedom of info act?
FOI 2000 covers England, Wales and Northern Ireland and is an important plank of modern democracy.
It:
Gives people (not just journalists) access to public information
Allows people to find out things that would otherwise be kept secret
Allows journalists and others to hold those in power to account
Gives the public knowledge to enable them to give informed consent
And is a great source of stories
What does the Act state?
It states that any person who makes a request for information to a public authority is entitled:
To be informed in writing by the public authority whether it holds that information
If it does, to have that information communicated to him or her within 20 working days
Public authorities include
Government departments
Local councils
NHS
Schools
Police
Armed Forces
Quangos
Ofcom
Ofgem
What isn’t included in the definition of a Public Authority?
Private companies
Network Rail
Royal Family
Harbour Authorities
Northern Rock
Local Government Association
Utility Companies
MI5/MI6
Who can ask?
Anyone - you do not have to be a UK citizen or even a UK resident
You must apply in writing - emails are ok
You must include your name and an address for correspondence
You must describe the information you require - careful wording can help
You do not have to explain why you want the information
Why must they help you?
Section 16 of the Act states that a public authority dealing with a FOI request has a statutory duty to give advice and assistance to the applicant.
Section 17 says if the public authority declines your request they must issue you with a written Refusal Notice that clearly states the reasons why.
If you are refused information you can appeal to the public authority
If this appeal fails, you have the right to approach the Information Commissioner if you feel you have been unfairly denied information.
Why can requests be turned down?
The information is exempt
The request is vexatious or similar to a previous request
On the grounds of cost
Exempt info includes
Defence
National Security
Law Enforcement
Government Policy
Royal Family
International Relations
Commercial interests
Court Records
What are vexatious requests?
If they impose a significant burden on the authority in terms of expense or distraction and they:
clearly do not have any value
are designed to cause disruption
have the effect of harassing the public authority
can be characterised as obsessive or manifestly unreasonable
Cost
£600 limit on central gov requests
£450 limit on other public authorities
they estimate the cost at £25 an hour per person
they may also ask you to pay for photocopying and other ‘disbursements’
Data Protection Act
Public Authorities may use the DPA 1998 to deny your request. Some public authorities interpret this as barring the release of any information about an individual - including names. The Information Commission says the following can be released under the DPA:
Names
Job descriptions
Decisions made as part of employment
Expenses
Pay bands
And the following cannot:
Home addresses
Family details
bank account details
activities unrelated to public duties
Before submitting an FOI request you should
Decide on the info you require
Find out which public authority is likely to hold that info
Check carefully whether the info is already available publicly e.g. on the public authority’s website
Word your application carefully - a sample letter is available
Be detailed and specific about what you want
Threats to the Act
The current gov set up a commission in 2015 to review the FOI Act and recommend changes
The Commission is tasked with looking at:
Whether the Act recognises the need for a ‘safe space’ to develop policy
Whether complying with the Act is too much of a burden
Some fear the Act will be substantially watered down.
