Freedom Of Information Act (FOIA) 
Freedom Of Information Act (FOIA)
Please read first: Connexions have adopted a proactive approach to the Freedom Of Information Act. Many of our key documents and files are available as downloads. Click here to view them.
What is the Freedom of Information Act? [back to top menu]
The person requesting the information does not have to say why they want it or what they intend to do with it.
Which organisations does it apply to? [back to top menu] Organisations who are "publicly accountable" such as central and local government, the NHS, education authorities and the police. The FOIA does not apply to private companies and PLC's.
When does it come into effect? [back to top menu] The act comes into full effect on 1st January 2005.
What information can be requested? [back to top menu] Anything can be requested but the outcome depends on whether the information actually exists and whether it is exempt. Some examples of information that might be requested are minutes of meetings, policies and procedures, financial information, leaflets and booklets, letters and other documents. Authorities are obliged to provide information recorded both before and after the Act was passed.Nuisance requests To protect authorities from abuse, there is no obligation to comply with 'vexatious' requests, or repeated requests if the authority has recently responded to similar requests from the same person. There is however always a duty to provide advice and assistance to anyone making a request.
How do I request information? [back to top menu] Connexions have made a number of key documents available on this website. These can be downloaded free of charge. To view these documents click here. Requests for other information must be made in writing.
Applicants do not have to mention either the Freedom of Information Act or the Data Protection Act when requesting information. Applicants do not need to say why they want the information or what they intend to do with it. Requests must be relatively specific. Individuals can not just request "every letter" or "all documents written in June 2004". Requests for other information should be sent to: Freedom Of Information Co-ordinator
How much will requesting information cost? [back to top menu] A fee may be charged for providing the requested information although most authorities will probably not charge. Permissible fees will be calculated according to the Fees Regulations. If a fee is charged the 20 working days response time will be extended up to three months until the fee is paid.
Can I obtain personal information about myself? [back to top menu] No. Requests for personal information will be dealt with under the Data Protection Act 1998. The Data Protection Act 1998 is completely different from the Freedom Of Information Act. Under the Data Protection Act 1998 you can only request information about yourself. The Freedom Of Information Act means you can request information that does not relate to you, mention you or even affect you.
What is a publication scheme? [back to top menu] Public authorities will be required to adopt and maintain a publication scheme. The purpose of this is to set out:
Who will enforce the act? [back to top menu] The Act will be enforced by the Information Commissioner, a post that combines regulation of both the Freedom of Information Act and the Data Protection Act. The Information Commissioner is responsible for ensuring that all public authorities comply with the Freedom of Information Act. For more details visit the Information Commissioner's website.
What information is exempt? [back to top menu] The Act creates a general right of access to information held by public bodies, but also sets out 23 exemptions where that right is either not allowed or is qualified. The exemptions relate to issues such as national security, law enforcement, commercial interests, and data protection. In particular, information is exempt from the Act if it is accessible to the applicant by other means. Apart from vexatious or repeated requests, to which an institution need not respond, there are two general categories of exemption:
1) Public interest test [back to exemption categories] The public interest test requires an institution to determine whether the public interest in withholding the exempt information outweighs the public interest in releasing it, by considering the circumstances of each particular case and the exemption that covers the information. The balance will lie in favour of disclosure, because information may only be withheld if the public interest in withholding it is greater than the public interest in releasing it, for example where disclosure of institutional information would harm a police investigation. In some cases you can apply the exemption separately to whether you confirm that you hold the information and whether you disclose it.
Exemptions for which the institution has a duty to consider whether disclosure is required in the public interest are listed below. Where an institution considers that the public interest in withholding the information requested outweighs the public interest in releasing it, the institution must inform the applicant of its reasons, unless the reason would effectively mean releasing the exempt information.
2) Absolute exemptions [back to exemption categories] Absolute exemptions are the exemptions for which it is not necessary to go on to consider disclosure in the public interest. These are:
3 There is an absolute exemption from the provisions of the FoIA if an applicant making a request for information under the FoIA is the subject of the information requested and they already have the right of 'subject access' under the DPA 1998. There is also an exemption from the provisions of the FoIA if the information requested under the FoIA concerns a third party and disclosure by the institution would breach one of the Data Protection Principles. Whole category exemptions These are exemptions where the institution concerned must consider whether particular information falls within a particular category (or class) of information, such as:
If information falls into the category described in one of these exemptions, the institution is not required to release it. There is no requirement to consider whether releasing the particular information requested would prejudice a particular activity or interest.
These are exemptions where the institution concerned must consider whether disclosure of particular information would, or would be likely to, prejudice:
The information therefore only becomes exempt if disclosing it would, or would be likely to, prejudice either of these factors.
An institution wishing to rely upon a specific exemption must therefore ask itself a series of questions:
Where an institution decides an exemption applies and withholds information, it must give reasons for its decision and inform the applicant of his or her right to complain to the Information Commissioner. Where an exemption applies, but an institution is nevertheless required to release the information by the Information Commissioner, because it is in the public interest to do so, it must disclose the information requested 'within a reasonable time'. Guidance as to how exemptions might apply in particular circumstances will be developed by the office of the Information Commissioner in time and in the light of case by case experience.
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