The Freedom of Information (FoI) Act 2000 came into force on 1st January 2005, introducing a new right of access to information held by public authorities, subject to certain exemptions and a public interest test. The Environmental Information Regulations 2004 and the Data Protection Act 1998 commenced on the same date.
This section covers some frequently asked questions about the Act.
Absolutely anyone.
FoI requests are free if the cost to the authority of disclosing the information is less than the 'appropriate limit' (£600 for central government and parliament, £450 for other authorities). (See below for more information on how authorities may calculate the cost of answering a request.) If a request is likely to exceed the 'appropriate limit' the authority may either ask for a contribution towards the cost or refuse to comply with the request. However, authorities have a duty to advise applicants as to how they might refine their request to bring it within the bounds of the 'appropriate limit'.
Government departments and agencies, local councils, NHS bodies, educational establishments, the police, the armed forces, regulators, other public bodies and publicly owned companies.
Security and intelligence agencies, special forces, courts and tribunals* and the royal family.
*courts and tribunals may be required to provide information under a separate provision - the Environmental Information Regulations 2004, which impose a duty to disclose environmental information on all public authorities (including the court system), gas, electricity and water companies, and private bodies carrying out research, consultancy or contracts for public authorities.
There is no statutory application form, but a FoI request must be made in writing, via post, email or fax. There is no need to give a reason for the request, or to even to state explicitly that the request is made under the FoI Act.
A request can be submitted to any member of staff within the authority, although it's best to address it to the FoI Officer (if such a role exists) or the official responsible for handling the issue.
It's important to ensure that your request is as clear and unambiguous as possible.
Applicants are advised to do some research before a request is made so that no unnecessary work is generated; it's advisable, for example, to check whether the information requested is already in the public domain. The Act imposes a duty on authorities to advise and assist an applicant, so you should be offered help with refining your request if necessary.
You should say how you would like to receive the information (i.e. in hard copy, by email, by inspection or orally).
Public authorities should respond ‘promptly’ to a request for information, and in any event within 20 working days. Public authorities are allowed a ‘reasonable’ extension if the public interest test needs to be considered. The National archives are allowed an extra 10 working days and during public school holidays head teachers are allowed 60 working days to respond.
An authority may refuse to comply with a request if the cost of doing so would exceed the 'appropriate limit' (£600 for central government and parliament or £450 for other bodies). An authority can include staff time (at 25/hour) spent locating, retrieving and extracting information for the purposes of calculating cost. It should be noted, however, that an authority has a duty to advise and assist an applicant in refining their request, so as to bring it within the bounds of the appropriate limit.
A request may also be refused on the ground that it is substantially similar to a request made (by the same person, or persons) within a 60 day period, or on the ground that the request is vexatious.
Finally, an authority may refuse to comply if the information requested is exempted from the Act. Exemptions may be absolute or subject to a public interest test. They are as follows:
Absolute exemptions
- Information accessible by other means.
- Information supplied by or relating to bodies dealing with security matters.
- Court records.
- Information whose exemption is required in order to avoid an infringement of the privileges of either House of Parliament.
- Personal data within the meaning of the Data Protection Act 1998.
- Information which is expressly prohibited from release by a separate statutory provision.
- Information whose disclosure would be incompatible with a European Community obligation.
- Information whose disclosure would constitute or be punishable as a contempt of court at common law.
Exemptions subject to the public interest test
- Information which should be withheld for the purpose of safeguarding national security.
- Information intended for future publication.
- information whose disclosure would be likely to prejudice a) the defence of the British Islands or any colony; or b) the capability, effectiveness or security of the armed forces of the Crown or any forces co-operating with them.
- Information whose disclosure would be likely to prejudice relations between the UK and any other state, international organisation or court, or the interests of the UK abroad or the promotion or protection of those interests.
- Confidential information obtained from another state, an international organisation or an international court.
- Information whose disclosure would be likely to prejudice relations between two or more administrations in the United Kingdom. The relevant administrations are: the government of the United Kingdom, the Scottish Administration, the Executive Committee of the Northern Ireland Assembly and the National Assembly for Wales.
- Information whose disclosure would be likely to prejudice the economic or financial interests of the United Kingdom or of any administration in the United Kingdom.
- Information that has at any time been held for the purpose of specified criminal and other investigations or proceedings; and information that relates to the obtaining of information from confidential sources and was obtained or recorded for a number of specified investigations or proceedings.
- Information whose disclosure would prejudice the ability of any public authority to exercise functions related to law enforcement.
- Information held by authorities which have financial audit functions in relation other public authorities or whose functions include examining the efficiency, effectiveness and economy with which other public authorities discharge their functions, the disclosure of which would prejudice the exercise of those functions.
- Information which relates to a) the formulation and development of government policy; b) communications between Ministers (including Cabinet proceedings); c) the provision of advice by the Law Officers (or any request for advice); and d) the operation of any Ministerial private office, where the disclosure of that information would prejudice the effectiveness of government policy making.
- If the preceding exemption does not apply, and if a 'qualified person' thinks that a disclosure would either: a) prejudicecollective Cabinet responsibility; b) inhibit the free and frank provision of advice and exchange of views for the purposes of deliberation; or c) prejudice the effective conduct of public affairs, the information may be withheld. In most cases, the 'qualified person' for a public authority will be the most senior person in that organisation.
- Information relating to communications with Her Majesty, other members of the Royal Family or the Royal Household.
- Information relating to the conferring by the Crown of any honour or dignity.
- Information whose disclosure would be likely to endanger the physical or mental health or the safety of any individual.
- Environmental information whose disclosure is governed by the Environmental Information Regulations 2004.
- Information that has been obtained from another person and whose disclosure to the public would constitute an actionable breach of confidence. (I.e. the person who supplied the information to the public authority could take legal action against the public authority if the public authority disclosed it to anyone else.)
- Information that would be subject to legal professional privilege if litigation were in progress. Legal professional privilege covers confidential communications between lawyers and their clients, and certain other information that is created for the purposes of litigation. This exemption ensures that the confidential relationship between lawyer and client is protected.
- Information whose disclosure would be likely to prejudice the commercial interests of any person.
- Trade secrets.
You can make a complaint under the Act where an authority has:
- Failed to provide the information you requested.
- Failed to respond to your request within 20 working days (or failed to explain why longer than 20 working days is needed).
- Failed to give you proper advice and help.
- Failed to give information in the form in which you requested it.
- Failed to properly explain any reasons for refusing the request.
- Failed to correctly apply an exemption under the Act.
To make a complaint you must first go through the authority’s internal complaints procedure. If the authority doesn't have a complaints procedure, or if, having gone through the process, you are dissatisfied with the result, you may appeal to the Information Commissioner. An authority which fails to comply with a decision of the Information Commissioner’s decision may be held in contempt of court, and may be taken to the Information Tribunal or face proceedings in the High Court.
The website of the Information Commissioner carries advice and guidance on how to use the provisions of the FoI Act to get disclosures from public bodies.
The Campaign for Freedom of Information is an non-profit organisation working to improve public access to official information and ensure that the FoI Act is implemented effectively.
