FREEDOM OF INFORMATION ACT 2000
The Freedom of Information Act ("FOI Act") gives anyone a general right of access to all types of information held by public authorities in the United Kingdom, from central government to local authorities, and places a number of obligations on those public authorities.
Individuals also have a right of access to information about themselves under the Data Protection Act 1998 ("DPA") and to information about the environment under the Environmental Information Regulations ("EIRs"). Subject to the exemptions referred to below, the FOI Act creates a public right of access to all types of information held by public authorities apart from information covered by the DPA or EIRs.
FOI ACT OBLIGATIONS FOR PUBLIC BODIES
- Authorities must reply to all requests for information and, subject to certain exemptions, they must state whether they have the relevant information, and provide that information in full.
- Authorities have a duty to advise and assist applicants seeking information.
- Requests for information must be responded to within 20 working days (although, for some requests the deadline may be extended when considering the public interest in releasing the relevant information (see below)).
- Each public authority must adopt and maintain a Publication Scheme, which details the information which is currently available from that authority, the format in which it is held and whether a fee is payable for its release. This scheme must be reviewed by the relevant public authority from time to time.
EXEMPTIONS
Requests for information can be rejected, if, and to the extent that, the information requested falls within the scope of the various exemptions set out in sections 2 to 44 of the FOI Act.
Vexatious requests or requests involving expenditure of resources or costs in excess of the prescribed limit (currently £600) may also be refused.
See the full list of exemptions detailed in the FOI Act.
PUBLIC INTEREST
If ECGD wishes to rely on an exemption from the duty to supply information requested under the FOI Act, it must, in the case of certain exemptions (known as "qualified exemptions"), first consider whether the public interest in releasing the information outweighs the public interest in upholding the exemption. If the public interest in disclosure outweighs the public interest in maintaining the exemption in question, the information requested will be released.
Find out how to make a request under the FOI Act.
FURTHER INFORMATION
