Week 6: FOIS Flashcards
What is an FOI?
The Freedom of Information Act Scotland (2002) or The Freedom of Information Act 2000 (Westminster) gives the public (including the media) the right to access information from over 100,000 public bodies in the UK (local authorities, hospitals, universities, schools government departments).
The request should be in writing and should identify the information required and the individual requesting the information. If the request is too broad, it may be refused because it could be too costly to investigate.
The public body should respond within 20 working days.
You should consult the public body’s website to see if the information has already been released prior to submitting the request is useful.
Does it matter how old the info is or how it is stored?
It doesn't matter how old the information is, or how it's stored - as long as it is recorded in some form. That includes information on: paper computer files, including emails video microfiche.
Examples of the information you can ask for include:
The number of complaints about a particular issue, for example bullying at school or bin collections, and whether action was taken as a result.
Information showing whether public authority policies are working well. For example, is a community policing initiative reducing crime in the local area?
Information that would reveal whether a contract is providing value for money. For example, what standards have been agreed with agencies contracted to supply hospital cleaning or catering services?
When applying do you need to say you are a journalist?
Include yourreal full name and address(email or postal) in the main text of the request, so that the authority can reply. If you use a false name, the authority doesn’t have to respond and the Commissioner and the courts won’t be able to enforce your rights.
You don’t need to say that you are a journalist or a freelance journalist.
Why might an FOI be refused?
The main grounds for refusal are absolute and qualified exemptions and these must be identified.
Absolute exemptions relate mainly to national security/named bodies (MI5/GCHQ), personal data and information that may prejudice a criminal investigation or trial. There is no public interest test.
Commercially sensitive information
Information which might endanger someone’s health and safety.
you have not provided enough detail to identify the information you want
the authority does not have the information you have asked for
It will cost over £600 to provide you with the information
the authority thinks your request is “vexatious” - this term can apply to requests which are intended to disrupt the authority’s work, rather than genuine requests for information
FOIs – what happens if I’m unhappy with the response?
If you’re unhappy with the response to the request (refusal/partial refusal) then an appeal must first be made to the body to which the request was submitted.
You then can go to the Scottish Information Commissioner’s Office as the next stage of appeal. (Mention may be made that the final stage could be judicial review at the Court of Session.)
Do you need to pay for an FOI?
If an authority does decide to charge, it can’t charge you for the first £100 it costs to provide you with the information. So if the cost to the authority of providing the information is £100 or less, you will get it free of charge.
If the cost to the authority is more than £100, but up to and including £600, it can charge you 10% of the difference between these two amounts. So the maximum an authority could charge you would be £50.
For example, if the cost to the authority is £200, it can only charge you £10 (10% of the difference between £200 and £100).
If the total cost to the authority is more than £600, it can refuse your request, but it should offer to advise you how to reduce the cost by making changes to your request.
Impact of COVID-19 on FOIs
Emergency laws put through the Scottish Parliament in April 2020 meant that the 20 day response time was increased to 60 days to relieve over-stretched public body workers.
https://www.pressandjournal.co.uk/fp/news/politics/scottish-politics/2120917/scotland-first-country-in-the-world-to-delay-freedom-of-information-access-because-of-coronavirus/
However, it was changed back from 60 to 20 days at the end of May following criticism.
Is Scotland’s Freedom of Information law fit for a data-rich age?
Here’s a good article from BBC journalist Marc Ellison on whether the 18 year old law is up to the digital age…
He has some good tips for you too.
https://www.bbc.co.uk/news/uk-scotland-50073052
Record number of Freedom of Information requests made
The number of Freedom of Information requests received by Scottish public bodies has reached a record high.
The Scottish Information Commissioner reported a rise of 8% in the year 2018-19 compared to the previous year.
A total of 83,963 requests were reported by Scottish public authorities. Three quarters of these requests led to a full or partial release of information.
