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The Times, 1st January 2005
What exactly will the Freedom of Information Act, coming into force today,
January 1, allow you to do?
What sort of information can I apply for?
You can apply for any recorded information that is held by public
authorities on any topic, including paper records, e-mails, information held
on computer, audio or video cassettes, microfiche, maps, handwritten notes
etc. Unrecorded information which is known to officials but not recorded, is
not covered and authorities are not required to create information they
don't have in order to respond to a request. The age of the information is
irrelevant. You can apply for information recorded at any time, even if it
pre-dates the FOI Act coming into force.
Can you give some specific examples?
You should be able to find out the value of contracts, details of who the
contract was awarded to and information relating to the standards of service
being provided by the contractor. It should be possible to see previously
unpublished evidence on which important policy decisions or decisions which
affect local services were based. You should be able to see copies of
inspection reports carried out by regulatory authorities.
How do I make an application? What will it cost?
Making a FOI request is surprisingly straightforward. Simply write, or send
a fax or e-mail, to the authority concerned describing the information you
want.Start by asking whether they hold the information you are asking for. So ask for the least complicated - for them - way of finding out what you want . Try to be as specific as possible as requests that are too general or
sweeping may be refused. You don't have to mention the law, though it will
help if you do so. Most authorities will have an FOI officer to whom you can
send your request, and who should be familiar with the legislation. You
should be able to get their contact details by phoning the authority or
looking at its website. If you'd rather, you could send your request to the
official dealing with the issue, or to the chief executive or minister. In
most cases you won't have to pay for the information, apart from copying and
postage costs. October 2011:- costs may be higher now - the Trust will tell you
Can public bodies refuse to give me the information?
Under the UK FOI Act, they can refuse a request if finding and extracting
the information will cost more than £450, equivalent to two and half days
work at a set rate of £25 an hour. For central government departments the
limit is £600 or three and half days work. Under the Scottish FOI Act the
authority can't refuse a request unless it would cost more than £600 (nearly
six days work at £15 an hour). The first £100 of any costs are waived.
Afterwards you may be asked to pay 10 per cent of the authority's staff
costs, i.e. £1.50 an hour, plus copying and postage.
Authorities can withhold information under the UK FOI Act if disclosure
would prejudice defence, international relations, law enforcement,
commercial interests, the economy, collective cabinet responsibility or
inhibit frank discussions by officials. Under the Scottish FOI Act, the test
is whether disclosure would "substantially prejudice" these interests. Legal
advice, information obtained during investigations by the police or
prosecuting authorities, trade secrets, information whose disclosure would
be a breach of confidence and information about the formulation of
government policy is also exempt.
All these exemptions are subject to a public interest test, which could
reverse the decision to not disclose. Other exemptions apply to court
records, personal information whose disclosure would breach the Data
Protection Act, and information about the security and intelligence
services.
What do I do if they refuse?
If feel you have been unreasonably refused information, your first step
should be to ask the authority to reconsider its decision. If you are still
unhappy after that, you can complain to the Information Commissioner who can
order the authority to disclose information. A ministerial veto allows
ministers to overrule the Information Commissioner if he orders them to
disclose information on public interest grounds. Other authorities have no
veto.
Why do the rules vary within the UK?
The Freedom of Information Act 2000 applies to central government bodies and
to English, Welsh and Northern Ireland public authorities. It also applies
to Parliament, the Welsh Assembly and (if reconvened) the Northern Ireland
Assembly. The Freedom of Information (Scotland) Act 2002 applies to the
Scottish Executive, the Scottish Parliament and Scottish public authorities.
The Scottish Act also comes into force on 1 January 2005.
What other new laws can help me obtain information?
New Environmental Information Regulations (EIRs), which apply separately in
the UK and Scotland, also come into force on January 1.
The EIRs are similar to the FOI Act, but not identical. In some ways, the
EIRs provide an improved right of access. For example, private contractors
providing environmental services or functions for public authorities are
covered by the EIRs, but not FOI. There are fewer exemptions in the EIRs.
Significantly, information about emissions to the environment cannot be
withheld on grounds of commercial confidentiality.
Finally, from 1 January there are amendments to the Data Protection Act 1998
which strengthen people's rights to see personal information about
themselves held by public authorities throughout the UK, including Scotland.
The Data Protection Act already allows people to see computerised personal
data about themselves and medical, social work, housing and school records.
The amendments significantly improve the right to see other paper records.
Are there any documents already released? How do I read them?
Yes. Authorities have had to publish 'publication schemes' describing the
information they publish pro-actively i.e. without you having to make a
request. At the moment, most schemes consist largely of information that was
published in the past such as press releases, consultation papers etc.
However, there have been some important initiatives. Most authorities have
published their publication schemes on their websites, though they should
have paper copies available as well.
Are there some useful websites for further advice?
A more detailed guide on using these new rights to information will be
available from the Campaign for Freedom of Information's website
http://www.cfoi.org.uk.
Also useful are:
The UK Information Commissioner - http://www.informationcommissioner.gov.uk |
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