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The Act

Summary

Part 1

ACCESS TO INFORAMTION HELD BY PUBLIC AUTHORITIES

 

1.  Any person making a request for information to a public authority is entitled to be informed in writing by the public authority whether is holds information of the description specified in the request and, if it is the case, to have that information communicated to them.

If a public authority requires further information in order to identify and locate the information requested the applicant must be informed and this becomes a stipulation of compliance on the part of the public authority.

The Act also labels the public authority with the order to comply known as “the duty to confirm or deny”.

 

2.  In some cases provision states that the duty to confirm or deny does not arise in relation to the information. This is due to the fact that the provision confers absolute exemption or in all the circumstances of the case, the public interest is best served not divulging the information.

 

3.   Public Authority:

  • Any government department.
  • The House of Commons.
  • The House of Lords.
  • The Northern Ireland Assembly.
  • The National Assembly for Wales.
  • The armed forces of the Crown, except-   
    • the special forces, and
    • any unit or part of a unit which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in the exercise of its functions.
  • A Publicly-Owned company

Information is held by a public authority if:

  • It is held by the authority
  • It is held by another person on behalf of the authority

4.  The government can alter the above list by going through the legislative process

5.  The Secretary of State may order designate as a public authority for the purposes of the Act any organisation not listed if it believes that:

  • The organisation appears to exercise functions of a public nature
  • It is providing under a contract made with a public authority any service whose provision is a function of the authority

Before making the decision the Secretary of State shall consult every peron whom the order relates.

 

6.  A company is publicly-owned where:

  • A company is wholly owned by the Crown if it has no members except
    • Ministers of the Crown
    • Persons working on behalf of the Ministers of the Crown, government departments or companies wholly owned by the Crown
  • A company is wholly owned by a public authority other than a government department if it has no members except
    • The public authority or companies owned wholly by that public authority
    • Persons acting on behalf of that public authority or of companies wholly owned by that public authority

7.  Public Authorities to which the Act has limited applications – not relevant for this summary

 

8.  Request for Information:

  • Is in writing
    • Transmitted by electronic means
    • Received in legible form
    • Capable of being used for subsequent reference
  • States the name and address of applicant
  • Describes the information requested

 

9.  Where an application to a public authority for information has been made, a fees notice may be given to the applicant.  This must happen within 3 months of the application.  All fees must be in accordance with regulations set by the Secretary of State.

The regulations in some cases may state that:

  • No fee is payable in prescribed cases
  • The fee does not exceed the maximum specified in the regulations
  • All fees are calculated with regard to regulations

This does not apply when the public authority may incur a charge for the information.

10.  The public authority must comply within 20 days of the receipt of notice of a request, however if fees are required the public authority has 20 days from the receipt of said fees.

 

11.  Upon making a request the applicant can ask to have the information communicated in a number of ways.  These include:

  • The provision of a copy
  • Reasonable opportunity to inspect the records
  • The provision of a digest or summary of the information in a permanent form

Whereby the public authority determines that it is not reasonably practicable to comply with the preference expressed by the applicant the authority will notify the applicant of the reasons for its determination.

 

12.  The public authority is not ordered to comply with an applicants’ request where the cost of compliance exceeds the appropriate limit.

The “appropriate limit” is set by regulations set by the Secretary of State.

 

13.  A public authority may issue a fees notice for the communication of information where the cost of complying with the request exceeds the appropriate limit.  However, any fee must be calculated under prescribed regulations.

 

14.  A public authority does not have to oblige with an application if it deems the request to be vexatious.

In instances whereby a public authority has previously compiled a request by an individual there must be a reasonable interval between compliance and a new request which details identical or substantially similar information.

 

15.  Where the appropriate records authority receives a request for information which relates to information which is, or if it existed would be, contained in a transferred public record the authority shall, within the period for complying send a copy of the request to the responsible authority.  i.e. official returns.

 

16.  It is the duty of the public authority to provide reasonable advice and assistance to those persons who have made a request for information.

 

17.  In cases in which the public authority deems that a request for information is exempt from disclosure then it must:

  • State the fact
  • Specify the exemption
  • Explains why the exemption applies

In some cases this decision may not be clear and further investigation may be required to resolve the issue, in these cases the public authority must inform the applicant and estimate the date at which a decision will be made.

In cases where the public authority believes that the disclosing whether it holds information outweighs the public interest the authority is not bound by the duty to confirm or deny.  In such cases the applicant should be informed of this decision.  However, the public authority is not obliged to make this disclosure in cases which would itself be exempt information.

 

18.  The Information Commissioner and the Information Tribunal

 

19.  It shall be the duty of every public authority:

  • To adopt and maintain a publication scheme which relates to the publication of information by the authority
  • Publish information in accordance with its publication scheme
  • Review its publication scheme from “time to time”

A publication scheme must:

  • Specify classes of information which the public authority publishes or intends to publish
  • Specify the manner in which information of each class is, or is intended to be published
  • Specify whether the material is, or is intended to be, available to the public free of charge

In adopting or reviewing a publication scheme, a public authority shall have regard to the public interest:

  • In allowing public access to information held by the authority
  • In the publications of the reasons for decisions made by the authority

A public authority shall publish its publication scheme in such a manner that it seems fit.

 

20.  The Commissioner may from time to time approve, in relation to public authorities falling within particular classes, model publication schemes prepared by him or by other persons. ( http://www.jisc.ac.uk/index.cfm?name=mps_overview )

 

Part 2

EXEMPT INFORMATION

 

21.  Information accessible to the applicant by other means than the public authority is exempt information.  For example an applicant can not claim that information is inaccessible due to the charge of a fee.  Also, if another authority obliged under the enactment to communicate the information the applied authority is not obliged.

 

22.  Information is exempt where information is held by a public authority with a view to its publication, by the authority or any other person, at some future date. 

 

23.  Information held by a public authority is exempt information if it was directly or indirectly supplied to the public authority by, or relates to:

  • The Security Service
  • The Secret Intelligence Service
  • The Government Communications Headquarters
  • The special forces
  • The Security Vetting Appeals Panel
  • The Security Commission
  • The National Criminal Intelligence Service

The duty to confirm or deny does not apply to any information directly or indirectly associated with the above organisations.

 

24.  Information is exempt where it is for the purpose of safeguarding national security.

 

25.  Information regarding exemptions under National Security protocols.

 

26.  Information is exempt if disclosure under the Act would be likely to prejudice the defence of the British Islands or any colony and the capability, effectiveness or security of any relevant forces.

 

27.  Information is exempt if its disclosure under the Act would prejudice:

  • Relations between the UK and any other state
  • Relations between the UK and any international organisation or international court
  • The interests of the UK abroad
  • The promotion or protection by the UK of its interests abroad

Information is also exempt if it is confidential information obtained from a state other than the UK or from international organisations or international courts.

 

28.  Information is exempt if its disclosure under this Act would, or would likely to prejudice relations between any administration in the UK and any other such administration.

 

29.  Information is exempt if its disclosure under this Act would, or would likely to prejudice the economic or financial interests of the UK.

 

30.  Information held by a public authority is exempt if at any time it has been held by the authority for the purposes of whether a person should be charged with an offence or whether a person charged with an offence is guilty of it.

 

31.  Information which is not exempt by the virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice:

  • The prevention or detection of crime
  • The apprehension or prosecution of offenders
  • The administration of justice
  • The assessment or collection of any tax or duty or of any imposition of a similar nature
  • The operation of the immigration controls
  • The maintenance of security and good order in prisons or in other institutions where persons are lawfully detained

 

32.  Information held by a public authority is exempt information if it is held only by virtue of being contained in any document filed with, or otherwise placed in the custody of a court, for the purpose of proceedings in a particular cause or matter. Along with this, matters relating to arbitration or inquiry are also exempt.

 

33.  In the case of audits of public authorities, information is exempt where its disclosure would, or would be likely to, prejudice the exercise of any of the authorities function relating to the examination of the economy, efficiency and effectiveness.

 

34.  Information is exempt if it is required for the purpose of avoiding an infringement of either House of Parliament.

 

35.  Information held by a government department is exempt information if it relates to:

  • The formulation or development of government policy
  • Ministerial communications
  • The provision of advice by any of the Law Officers or any request for such advice
  • The operation of Ministerial private office

 

36.  Information is exempt which is held by a government department or any other public authority which would, or would be likely to prejudice the maintenance of the convention of the collective responsibility of Ministers of the Crown or would, or would likely inhibit the free and frank provision of advice and prejudice the effective conduct of public affairs.

 

37.  Information is exempt from under the Act if it relates to communications with her majesty, with other members of the royal family or the royal household.

 

38.  Information is exempt is its disclosure under the Act would, or would be likely to endanger the physical or mental health of any individual, or endanger the safety of any individual.

The duty to confirm or deny does not arise if any disclosure you lead to the effects mentioned above.

 

39.  Environmental Information Exemptions

 

40.  Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject.

 

41.  Information is exempt information if it was obtained by the public authority from any other person and the disclosure of this information would constitute a actionable breach of confidence.

 

42.  Legal professional privilege

   

43.  Information is exempt if it constitutes a trade secret.

 

44.  Information is exempt if its disclosure (otherwise than under this Act) by the public authority holding it:

  • Is prohibited by or under any enactment
  • Is incompatible with any Community obligation
  • Would constitute or be punishable as a contempt of court

 

Part 3

GENERAL FUCTIONS OF SECRETARY OF STATE, LORD CHANCELLOR AND INFORMATION COMMISSIONER

 

45. – 49.  General functions of Secretary of State, Lord Chancellor and Information Commissioner*

 

 

 

Part 4

ENFORCEMENT

 

50. – 56.  Enforcement by the Commissioner*

 

 

Part 5

APPEALS

 

57. – 61.  Appeals*

  

 

Part 6

HISTORICAL RECORDS AND RECORDS IN PUBLIC RECORD OFFICE OR PUBLIC RECORD OFFICE OF NORTHERN ISLAND

 

62. – 67.  Historical Information*

 

 

Part 7

AMENDMENTS TO THE DATA PROTECTION ACT 1998

 

68. – 73.  Amendments to the Data Protection Act 1998*

 

*, links to the full Freedom of Information Act

 

 

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