The FOIA

The Freedom of Information gives rights to individuals to access recorded information held by public bodies. Some information is exempt from disclosure, for example, information that is confidential or that is a trades secret but, unless an exemption applies, applicants are entitled to be provided with the information they have asked for in full and usually within 20 working days.

The Act can be used by organisations and by members of the public; applicants do not have to provide evidence of identity or a fee in order to make a request. Applicants who are dissatisfied about the way in which a public body has handled an information request may apply to the Information Commissioner’s Office for a formal review of the handling Decision. An authority that fails to comply with an ICO order can face court proceedings.

Public bodies that are subject to FOIA also have to adopt and comply with the terms of a publication scheme, identifying categories of information that they are prepared to make available to the public on a proactive basis. They must also comply with a code of practice in relation to records management and have a statutory duty to advise and assist individuals seeking to access information under the Act. It is therefore important for all public bodies to understand their obligations under FOIA and have proper policies and procedures in place in order to manage requests.

In addition to rights under FOIA, organisations and individuals also have a legal right under the 2004 Environmental Information Regulations (EIR) to access "environmental information" held by public bodies and by certain quasi public bodies. As there is some variation between the rules relating to "environmental information" and other information, it is important for any organisation holding environmental information to be able to distinguish FOIA requests from requests for environmental information, in order to ensure that the appropriate legal regime is applied.