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Freedom of Information

Freedom of Information. What is it? How to use it Tips and strategies: Making better requests Overcoming obstructive authorities. FOI – your statutory rights. To be told if a public body holds the information requested If so, to be supplied with the information requested.

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Freedom of Information

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  1. Freedom of Information

  2. What is it? • How to use it • Tips and strategies: • Making better requests • Overcoming obstructive authorities

  3. FOI – your statutory rights • To be told if a public body holds the information requested • If so, to be supplied with the information requested

  4. Who is covered? • 100,000 public bodies: • Central and local government • The health sector • The police and armed forces • The education sector (not private)

  5. Specifically…i • All local councils, including parish and town councils • The NHS - hospital and health trusts, GPs, dentists, pharmacists • All government departments (DfE; MoD; Defra, etc) • Schools, colleges and universities

  6. Specifically…ii • Fire and police forces/authorities • Quangos (eg, examination boards) • Government advisory committees • Regulators (Ofsted; Ofcom; Ofqual) • BBC, Channel Four (excluding for journalistic activities)

  7. Exempt ‘classes’ of information • Absolute exemptions: where the authority can refuse information Includes: • Information available elsewhere (Section 21) • Information relating to investigations/proceedings being conducted by public bodies • Court records (such as material filed for proceedings)

  8. Absolute exemptions - bodies • The Security and Intelligence Services (MI5/MI6) • Special forces (SAS/SBS) Government Communications Headquarters (GCHQ) • The Royal Family • And…no duty to confirm or deny if information exists

  9. Absolute exemptions ii • Personal Information (Section 40)* • Information supplied to the public authority by or relating to bodies dealing with security matters (Section 23) • Information provided in confidence by another party (Section 41)** *With caveats on public interest ** But not contracts

  10. FOI – qualified exemptions • FOIA has 23 qualified exemptions, meaning information must be subject to publicinteresttest. These include: • Information prejudicial to effective conduct of public affairs (Section 36) – the so-called “catch-all” exemption • Information that relates to formulation of government policy (Section 35) • Legal professional privilege • Information prejudicial to UK’s international relations (Section 27) • Information held for law enforcement functions (Section 31)

  11. So…what’s in the “public interest?” The Act states: “Information must be released if it is judged that the public interest in disclosing it is greater than the public interest in not releasing it.”

  12. Public interest factors – ICO guidance Does the information… • Further understanding and participation in public debate of issues of the day? • Promote accountability and transparency in public bodies? • Promote accountability in how public money is being spent? • Allow us to understand how decisions may affect our lives? • Allow individuals to challenge decisions? • Bring to light information affecting public health and safety?

  13. How to make requests • Must be in writing (letter, fax,e-mail) • Contain enough information for authority to reply • Must give name and address • Requests are motiveblind – no need to say why you want information – but context can help • Can ask for preferred format (eg hard copy, email, spreadsheet etc)

  14. Making requests… • Ask for an acknowledgement from the authority • Note date when you should be getting response (20 working days) • Ask authority to contact you if there is any misunderstanding about request • Tell authority you want a schedule of dcouments held

  15. Requests ii Authorities… • Must respond “promptly” • have up to 20 working days to reply • Have a duty to provide advice and assistance (eg transfer of request to another body; reframing of requests) – Section 16 • If refused, must give grounds (inc. PI arguments) • If refused, say how to appeal

  16. Fees – does it cost? • Requests are mostly “free” but… • Can be refused above a cost limit: • £600 for Government departments (= 3.5 days) • £450 for other bodies, councils (= 2.5 days) • Below these limits, no charge except copying and postage (discretionary)

  17. What if request refused? • All bodies must have internal complaints/appeals process • If still unsuccessful, right of appeal to the Information Commissioner (www.ico.gov.uk) • Further right of appeal to independent tribunal where IC rejects your appeal – also available to public body • Appeals to tribunals must be made within 28 days of Commission ruling

  18. Original request or internal appeal unanswered? • Section 50 of the Act allows complaints direct to ICO where requests or appeals unanswered • ICO has powers to direct authority to respond within certain time limits • Has further enforcement powers

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