The freedom of Information act Flashcards
The Freedom of Information Act 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
The Act 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
Not 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
They must 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. http://ico.org.uk/
Requests can be turned down on the grounds of:
- The information is exempt
- The request is ‘vexatious’ or similar to a previous request
- On the grounds of cost
Exempt information includes:
- National Security
- Defence
- International Relations
- Law Enforcement
- Government policy
- Royal Family
- 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:
o Clearly do not have any value
o Are designed to cause disruption or annoyance
o Have the effect of harassing the public authority
o Can be characterised as obsessive or manifestly unreasonable
cost
- £600 limit on central government 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 a FOI request you should:
- Decide on the information you require
- Find out which public authority is most likely to hold that information
- Check carefully whether the information is already available publicly (for example 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 government 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.
