The UK Freedom of Information Act – A Practical Guide for Academic Researchers

1. The UK Freedom of Information Act – A Practical Guide for Academic Researchers Cambridge Wednesday, 16 February 2011

2. Director of the Witness Seminar Programme Centre for Contemporary British History at King's College London Institute for Contemporary History Michael.Kandiah@kcl.ac.uk Dr M. D. Kandiah

3. Freedom of Information Act 2000 • Established a public 'Right to Know'

4. Freedom of Information Act 2000 • Established a public 'Right to Know' • Came fully into force on 1 January 2005

5. Freedom of Information Act 2000 • Established a public 'Right to Know' • Came fully into force on 1 January 2005 • Required that public bodies provide information when queried by members of the public, with certain types of information exempt

6. Freedom of Information Act 2000 • Established a public 'Right to Know' • Came fully into force on 1 January 2005 • Required that public bodies provide information when queried by members of the public, with certain types of information exempt • Public bodies had to respond within 20 working days, although this deadline could be extended within certain limits

7. Freedom of Information Act 2000 • Related legislation (which also came into force on 1 January 2005) • Freedom of Information (Scotland) Act 2005

8. Freedom of Information Act 2000 • Related legislation (which also came into force on 1 January 2005) • Freedom of Information (Scotland) Act 2005 • Environmental Information Regulation 2004

9. Freedom of Information Act 2000 • Related legislation (which also came into force on 1 January 2005) • Freedom of Information (Scotland) Act 2005 • Environmental Information Regulation 2004 • Environmental Information Regulation (Scotland) 2005

10. Freedom of Information Act 2000 • Related legislation (which also came into force on 1 January 2005) • Freedom of Information (Scotland) Act 2005 • Environmental Information Regulation 2004 • Environmental Information Regulation (Scotland) 2005 • Amendments to the Data Protection Act 1998

11. Freedom of Information Act 2000 • Which bodies are covered: • Central government departments & agencies & local authorities

12. Freedom of Information Act 2000 • Which bodies are covered: • Central government departments & agencies & local authorities • NHS bodies (including GPs, etc.)

13. Freedom of Information Act 2000 • Which bodies are covered: • Central government departments & agencies & local authorities • NHS bodies (including GPs, etc.) • Schools, colleges & universities

14. Freedom of Information Act 2000 • Which bodies are covered: • Central government departments & agencies & local authorities • NHS bodies (including GPs, etc.) • Schools, colleges & universities • Police & the Armed Forces

15. Freedom of Information Act 2000 • Which bodies are covered: • Central government departments & agencies & local authorities • NHS bodies (including GPs, etc.) • Schools, colleges & universities • Police & the Armed Forces • Quangos, regulatory and advisory bodies

16. Freedom of Information Act 2000 • Which bodies are covered: • Central government departments & agencies & local authorities • NHS bodies (including GPs, etc.) • Schools, colleges & universities • Police & the Armed Forces • Quangos, regulatory and advisory bodies • Parliament & Welsh Assembly (Scottish Parliament)

17. Freedom of Information Act 2000 • Required public bodies: • To produce a 'publication scheme', which includes: • all information held anywhere within an institution; and • does not have to be in the form of a specific document or structure, e.g. a database • To deal with individual requests for non-personal information that public authorities hold, subject to specific exemptions in the Act

18. Freedom of Information Act 2000 • Exceptions: • Absolute Exemptions

19. Freedom of Information Act 2000 • Exceptions: • Absolute Exemptions • Qualified Exemptions – determined by the 'Public Interest Test'

20. Freedom of Information Act 2000 • Absolute Exemptions • Information accessible by other means • Information supplied by, or relating to, bodies dealing with security matters • Court records, and so on • Parliamentary privilege • Prejudice to effective conduct of public affairs • Personal information • Information provided in confidence • Prohibitions on disclosure where a disclosure is prohibited by an enactment or would constitute contempt of court

21. Freedom of Information Act 2000 • Exemptions subject to 'public interest test' – 1: • Information intended for future publication • National security (other than information supplied by or relating to named security organisations, where the duty to consider disclosure in the public interest does not arise) • Defence • International relations • Relations within the United Kingdom • The economy • Investigations conducted by public authorities • Law enforcement • Audit functions

22. Freedom of Information Act 2000 • Exemptions subject to 'public interest test' – 2: • Formulation of government policy • Prejudice to effective conduct of public affairs (except information held by the House of Commons or the House of Lords) • Communications with Her Majesty, etc. and honours • Health and safety • Environmental information • Personal information • Legal professional privilege • Commercial interests

23. Freedom of Information Act 2000 • Other significant points • FoI was part of Labour's 1997 Election Manifesto

24. Freedom of Information Act 2000 • Other significant points • FoI was part of Labour's 1997 Election Manifesto • FoI was NOT designed to facilitate academic research

25. Freedom of Information Act 2000 • Other significant points • FoI was part of Labour's 1997 Election Manifesto • FoI was NOT designed to facilitate academic research • FoI was 'resource neutral' – i.e., public authorities were not provided extra resources

26. Freedom of Information Act 2000 • An FoI request: • Can be made by any individual, anywhere in the world

27. Freedom of Information Act 2000 • An FoI request: • Can be made by any individual, anywhere in the world • Does not have to explain why the request for information has been made

28. Freedom of Information Act 2000 • Public authorities can: • Refuse to fulfil requests if deemed 'vexatious'

29. Freedom of Information Act 2000 • Public authorities can: • Refuse to fulfil requests if deemed 'vexatious' • Refuse to fulfil requests on account of expense

30. Freedom of Information Act 2000 • Public authorities can: • Refuse to fulfil requests if deemed 'vexatious' • Refuse to fulfil requests on account of expense • Impose a fee

31. Freedom of Information Act 2000 • Individuals can make an appeal to the Information Commissioner's Office, which overseas FoI • The Information Commissioner is an independent official who is appointed by the Crown • According to the Information Commissioner's Office academics are the least likely to complain about the FoI process

32. Freedom of Information Act 2000 • Why should academic researchers use FoI?

33. Freedom of Information Act 2000 • Why should academic researchers use FoI? • To obtain information not available from open sources

34. Freedom of Information Act 2000 • Why should academic researchers use FoI? • To obtain information not available from open sources • To obtain official government material in advance of the 30 Year Rule (soon to be the 20 Year Rule), which guides the orderly release of documents

35. Freedom of Information Act 2000 • Why should academic researchers use FoI? • To obtain information not available from open sources • To obtain official government material in advance of the 30 Year Rule (soon to be the 20 Year Rule), which guides the orderly release of documents • To obtain material from sources not previously covered

36. Freedom of Information Act 2000 • It recommended that an FoI request from an academic should: • Indicate the purpose of the study

37. Freedom of Information Act 2000 • It recommended that an FoI request from an academic should: • Indicate the purpose of the study • Email using a university email account

38. Freedom of Information Act 2000 • The National Archive's records • Check website for how to make an FoI request

39. Freedom of Information Act 2000 • Nearly all public authorities have webpages that give instructions to whom an FoI request should be directed • If this information is not obviously available, make request to individual most likely dealing with FoI

40. Freedom of Information Act 2000 • An FoI request MUST: • Be made in writing – includes email

41. Freedom of Information Act 2000 • An FoI request MUST: • Be made in writing – includes email • Be as specific as possible • Requests may be refused if too broad • Describe what kind of information wanted: • E.g., minutes, correspondences, etc.

42. Freedom of Information Act 2000 • An FoI request MUST: • Be made in writing – includes email • Be as specific as possible • Requests may be refused if too broad • Describe what kind of information wanted: • E.g., minutes, correspondences, etc. • An FoI request CAN • Ask for help in framing the request

43. Freedom of Information Act 2000 • It recommended that an FoI request from an academic should: • Indicate the purpose of the study

44. Freedom of Information Act 2000 • It recommended that an FoI request from an academic should: • Indicate the purpose of the study • Indicate the broad outlines of study

45. Freedom of Information Act 2000 • Strategies for academic requests – 1: • Clearly identify the parameters of your research

46. Freedom of Information Act 2000 • Strategies for academic requests – 1: • Clearly identify the parameters of your research • Have a plan how to space out FoI requests

47. Freedom of Information Act 2000 • Strategies for academic requests – 1: • Clearly identify the parameters of your research • Have a plan how to space out FoI requests • Have a plan to develop further FoI requests once you have received your first batch of released material

48. Freedom of Information Act 2000 • Strategies for academic requests – 2: • Form relationship with person dealing with request

49. Freedom of Information Act 2000 • Strategies for academic requests – 2: • Form relationship with person dealing with request • Expect delays – make request as soon as possible

50. Freedom of Information Act 2000 • Strategies for academic requests – 2: • Form relationship with person dealing with request • Expect delays – make request as soon as possible • Ask for file structure or list of files available to get a sense of what is available