Freedom of information
Freedom of Information: What it means for you
The Freedom of Information Act came into force in January 2005. It deals with access to official information, while parallel regulations deal with environmental information.
The Act provides individuals or organisations with the right to request information held by a public authority. You can do this by letter or email.
The public authority must tell you whether it holds the information, and must normally supply it within 20 working days, in the format requested.
However, the public authority does not have to confirm or deny the existence of the information or provide it if an exemption applies, the request is vexatious or similar to a previous request, or if the cost of compliance exceeds an appropriate limit.
If an exemption applies, but is qualified, this means that the public authority must decide whether the public interest in using the exemption outweighs the public interest in releasing the information.
If an applicant is unhappy with a refusal to disclose information, they can appeal to the Group Director and if still unhappy can complain to the Information Commissioner's Office who will investigate the case and either uphold the authority's use of an exemption or decide that the information must be disclosed.
What does it mean for you?
The right under the Freedom of Information Act and the Environmental Information Regulations (EIR) allow you to access recorded information (such as e-mails, meeting minutes, research or reports) held by public authorities in England, Northern Ireland and Wales.
What is an exemption and how does it work?
Some information could be exempt from disclosure.
There are 23 exemptions in the Act, some of which are ‘absolute’ and some ‘qualified’, and 12 exceptions from disclosure in the EIR, all of which are qualified.
Where information falls under an absolute exemption, the harm to the public interest that would result from its disclosure is already established, for example, in relation to personal information, or if disclosure would result in an actionable breach of confidence.
If a public authority believes that the information is covered by a qualified exemption or exception it must apply the public interest test.
What is the Public Interest Test?
The public interest test favours disclosure where a qualified exemption or an exception applies. In such cases, the information may be withheld only if the public authority considers that the public interest in withholding the information is greater than the public interest in disclosing it.
Is there a charge for a FOI request?
If no charges are shown we will only charge you reasonable photocopying expenses. Unless otherwise stated, photocopying charges will be as follows: 10p per A4 sheet and 20p per A3 sheet. Whilst most information can be accessed free of charge, apart from reasonable photocopying expenses, certain publications and other classes of information will only be available on receipt of specified fees or copying charges. All such fees and charges are subject to review and, whilst we have stated charges to date, you should contact the service area holding the information for up to date charges.
