This law came into effect in 2005, and gives people the right to ask companies to disclose information that they would not otherwise publish. There was a parliamentary scandal in 2009 with Heather Brooke and the House of Commons where she tried to get them to disclose details of their claiming expenses. They did not give the truth and every detail was leaked to The Telegraph Media Group about expenses paid for their second homes. None of this information had been disclosed in the official disclosure.
The difficulties with FOI are that public bodies delay answering requests and are slow when considering the 'public interest test' as to weather the public interest in disclosure outweighs the public interest in secrecy. So it can take a long time for you to hear back from however they should respond to you within 20 days. This does not mean that they have to disclose the information to you within 20 days it means that they can supply the information or explain to you why it cannot be disclosed. It can take months for them to supply you with the actual information you are waiting for. Reasons they may not be able to disclose the information can be: they do not hold the information you are after so therefore cannot give it to you, it exceeds the cost limit for provision or it is exempt from disclosure.
There are 100,000 FOI requests a year of which only 12% are by journalists. The basic principle of FOI is: “Any person making a request for information to a public authority is entitled … to have that information communicated to him.”
Public authorities under the act include:
An example of a successful FOI request from the past that WINOL found is below:
Some tips from the FOI master class include:
The difficulties with FOI are that public bodies delay answering requests and are slow when considering the 'public interest test' as to weather the public interest in disclosure outweighs the public interest in secrecy. So it can take a long time for you to hear back from however they should respond to you within 20 days. This does not mean that they have to disclose the information to you within 20 days it means that they can supply the information or explain to you why it cannot be disclosed. It can take months for them to supply you with the actual information you are waiting for. Reasons they may not be able to disclose the information can be: they do not hold the information you are after so therefore cannot give it to you, it exceeds the cost limit for provision or it is exempt from disclosure.
There are 100,000 FOI requests a year of which only 12% are by journalists. The basic principle of FOI is: “Any person making a request for information to a public authority is entitled … to have that information communicated to him.”
Public authorities under the act include:
- National government/ departments
- House of Commons/ House of Lords
- Armed Forces
- Universities, college and schools
- NHS
Exemptions from the act include:
- MI5 and the security and intelligence services
- Housing association, charities and private prisons
- Royal Family never came under the act but Schedule 7 of the Constitutional Reform and Governance Act gives, The Queen, Prince of Wales and Prince William absolute exemption. Prince Harry remains subject to qualified exemption if the information released is in the public interest.
It is slightly different as it covers the privacy law but, in August 2012, The Sun printed the naked photos of Prince Harry whilst he was out in Las Vegas. There was an argument as Prince Harry was off his public duty, in another country and was somehow papped in his private room naked. The Sun were warned by the Royals lawyers not to publish the images but went ahead to 'test the freedom of the press'. Their defence was that these images were available all around the world and was in the public interest to see them. They chose the headline carefully 'Heir it is' 'pic of Harry you have already seen on the internet' to defend the fact that people may have already seen these images. There was a debate as to weather the Prince's privacy had been breached as he was away on a private holiday with friends.
Journalists are informed to check the authorities website before submitting a request, as the information may already be disclosed there. Authorities under section 16 of the Act says authorities should 'offer advice and assistance' including how to frame the request to stay in the cost limit.
Information is explained in Section 84 of the Act Defines Information as 'information recorded in any form'. Authority are not required to gather information that it doesn't already have.
The Government Department must disclose information for free if it costs no more than £600. Other public authorities have a cost of £450. Staff time is rated at £25 an hour so a lot of research is expected, however they can supply the documents with a charge if it exceeds these limits.
Section 16 requires a public body to give a perspective or actual requests advice and assistance. They should, if asked tell a reporter before they make a request what information on the type they are interested in may be available and help them frame a request. They should give guidance to avoid a request breaching the cost limit. The Information Commissioner has made it clear that if a public authority tells a requester the information is already in the public domain, they must indicate where a bouts it can be found (section 16).
Absolute exemptions do not need an explanation with the reply other than it is exempt from FOI. Some of these include:
- Section 23, security such as MI5.
- Section 31, information held by authorities for law enforcement and functions such as where a speed camera is placed and when it will be working as it affects its purpose. General information such as how many drivers have been caught speeding by a specific camera in a time frame can be revealed.
- Section 32, court records
- Section 43, commercial interests like trade secrets.
If information is not supplied you can ask for an 'internal review' which should not take any longer than 40 days. The current Information Commissioner is Christopher Graham. Ofcom is subject to the Act but the PCC is not as it isn't an public authority.
Environmental Information (EIR) was set in 2005 and requires public authorities to provide information about environmental matters. This request has more powerful rights than if it was an FOI request so should be refereed to as an EIR. It covers subjects such as: air, water, land, natural sites, noise, radiation. Private water and sewage companies are not subject to the Act or the EIR in England.
EIR requests can be turned down on the grounds of national security. The EIR can be used to obtain reports of hygiene inspections at factories and restaurants as they cover information on 'the state of human health and safety'.
The Local Government Act 2000 must make available: records of decisions, the reasons why, details of alternative options, a copy of the agenda and a report for public meetings must be made available when given to cabinet members. Authorities must also publish a 'forward plan' detailing key decisions to be taken in the next four months. It must be 'free and available at all reasonable hours'.
Things that may be exempt from the public interest include:
- An employee/ job applicant
- A council tenant
- Care/ adoption information of a child
- A persons financial or business affairs
The Adult Commission Act (ACA) 1998 and the Accounts and Audit Regulations 2003, covers the 'local authorities' such as police, fire and civil defence accounts, books deeds, contracts and bills etc. These accounts must be available for 20 full working days. Any persons interest may inspect them and see what they are paying out for etc.
The NHS must have minutes, agendas and reports open to the public for inspection for three years and background papers for two years. Exempt information includes a person providing or applying to provide NHS services. Or an employee of such person, or information relating to a persons health.
A relevant news story this week that relates to this is the 'England's Fattest Areas' story in the news. This information was from the Public Health England Data and highlights the obesity rate and the fattest areas in the country. I heard on the radio yesterday that local to us, Gosport, is the 6th fattest place in the country! These figures create a national story that affects everyone and highlights weight which is something that many people have issues with anyway. From these facts they have also made a prediction to shock the population that 50% of people in the UK will be obese by 2050.
An example of a successful FOI request from the past that WINOL found is below:
Some tips from the FOI master class include:
- Language- make sure you use the correct language or name for what you are asking about. If you use lingo that you are used to in journalism, other bodies can be difficult and say that they do not know what you mean. Always research the professional name for what you are asking for so that it is fully understood by whoever is receiving your FYP.
- This will get you the answer that you want and you can then translate it back into your own language.
- Always be aware of potential information from places such as schools, hospitals and doctors etc.
- Always keep the questions short and to the point and make sure it is clear what you are asking.
- Try to get comparative statistical information as statistics alone do not give you much to write about unless you can compare it to previous years or other statistics.
- Ask the organisation to summarise what the activity actually means- gives you something to spice up your story.
- Its best to stick to a topic or subject you have had some experience with or a slight knowledge about it.
Lots of other FOI examples can be found here:
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