FOI Act Summary

Freedom of Information Overview

The Freedom of Information Act 2000 provides a general right of access to information held by Public Authorities (PA). Anyone can request information from a PA and has the right to be told:

1. Whether the PA holds the information, and
2. If it does, to be provided with the information.

Key points :

• Anyone is entitled to make a FoI request for any information held by public authority (PA)
• Requests must be in writing, including email or FAX and can be given to any member of staff
• Requests need not mention FoI and PA cannot ask “Why?” the request is being made
• Information is anything held in a recorded form, eg paper files, loose papers, emails, electronic documents, photos, plans, maps, CCTV, videotapes, audiotapes, voice mails.
• Requests should be dealt with promptly and provide the information within 20 working days
• Requests are free if they cost £450 or less of effort (equivalent to 18 hours effort). But disbursements (copying, postage etc) can be charged
• Above £450 pounds, PA can decline the request
• There are exemptions, e.g. personal data is covered by the Data Protection Act.
• Environmental information is covered by separate legislation. This is similar to FoI but only applies to information about land, air, atmosphere, water etc - Environmental Information Regulations
• In some cases the PA has to decide if it is in the public interest to disclose information even if there is an exemption
• If a PA is required to disclose information that might affect the rights and interests of third parties, consultation should take place with them first
• A PA must manage information properly and preserve all important records
• A PA must maintain a “Publication Scheme” which contains information routinely available without needing a formal FoI request.