freedom of information.co.uk

Freedom of information is only meaningful if it’s affordable.  You might have the legal right to information, but, if it costs you too much, it may as well remain secret.  When, in 2003, the Irish Government increased charges for answering requests under the country’s FOI Act, usage fell dramatically. 

So, what can you expect to pay for information in the UK?  And how are those costs calculated?

Discretionary cost limits

The FOIA allows public authorities to charge you for information, but it doesn’t say how much.  Fees regulations issued under the Act set some limits, but these give public authorities plenty of room for manoeuvre, so there could be wide variations in what, if anything, you end up paying.

Public authorities can refuse your information requests if the cost of meeting them, in terms of staff time, exceed what the Act terms an ‘appropriate limit’.  The fees regulations set this limit at £600 for central government departments and £450 for all other public authorities. 

If the appropriate limit is breached, the authority doesn’t have to reject your request, but it can charge you the full amount, rather than the excess.  So, if it costs a central government department £650, they can charge you £650, rather than £50.  However, if it wishes, the authority can waive the fees altogether.  Unfortunately you have no say it the matter, but, if your request does breach the limit, the authority must tell you what information would be available within it. 

How are costs calculated?

Staff costs are fixed at £25 per person per hour, but in most cases the authority’s calculations will be based on estimates. 

Staff time costs only apply to:

• determining what information the public authority holds
• locating the information
• retreiving it
• if necessary, editing or redacting it. 

They do not apply to time spent:

• checking whether the exemptions apply
• advising and assisting you
• copying the information
• putting it your preferred format, for example, converting it to a computer file
• delivering it to you, for example by post or email.

Other charges 

If answering your request costs less than the appropriate limit, you may still be charged, but only for copying the information, preparing it in your preferred format and postage.  The authority may only include the actual, rather than staff, costs, and these must be 'reasonable'.  Although ‘reasonable’ is not defined, the Department for Constitutional Affairs guidelines say that printing and photocopying should not normally be charged at more than 10 pence per sheet. 

Authorities that do charge must provide you with a written notice of the fees and can request payment in advance. If you don’t pay within three months, the authority can drop the request.

The Environmental Information Regulations

The EIRs allow authorities to charge you a ‘reasonable amount’ for information, but don’t mention an 'appropriate limit’.  Although there are no fees regulations for the EIRs, Defra guidance suggests authorities apply the FOIA fees regulations.  So, although authorities can, in theory, charge you all their costs, it would be difficult for them to argue that the charges were ‘reasonable’ if their costs were below the FOIA’s appropriate limits.