freedom of information.co.uk

The Freedom of Information Act hands you the power to uncover how your institutions are run.  Our secretive 'need-to-know' culture, though not completely dead and buried, has been replaced by a legal 'Right to Know'.  To help you use the Act effectively you need to understand how this right works in practice. 

The basics

The Right to Know allows you to do two things:

• To ask any public organisation covered by the Act what information it has on any subject you specify.
• If the organisation has the information, to be given copies.
  

Providing the information is not legally exempt from disclosure the organisation must tell you what it has and give it you within 20 working days.  In many cases, even if it withholds the information, it at least has to tell you what it has.

Extra rights

Your request has to be in written form, but email will do. You don’t have to give your real name, only a contact address.  Neither must you explain why you want the information and they have no right to ask you. These rights apply to everyone, not just UK citizens.

The FOIA also strengthens your rights under the Data Protection Act.  Currently you are allowed access to electronic personal data and so-called ‘structured personal data’ held in manual files, such as medical and personnel records.  From January 1st 2005 you can also see ‘unstructured personal data’ held by public authorities, which could include, for example, notes and memos.

What if your request is refused?

If your request is refused, you can complain to the organisation involved, which must then carry out an internal review (see complaints procedure section of 'The public sector' page.)

If the complaint is rejected, you can appeal to the Information Commissioner, who, if he supports your case, has legal power to force disclosure.  If the Commissioner finds against you, you can appeal to the independent Information Tribunal.