The freedom of information act allows you to request copies of information, documents and correspondence (including computer records, e-mails and faxes) from public bodies. This includes:-

• Councils (County, District, Town and Parish)
• Regional Development Agencies
• Central Government
• NHS
• Police
• Schools
• And  many other public bodies

What information can be asked for?

Any information held by a public body is eligible for release. However There are some exemptions under which the request may be legitimately refused, these are however very limited.  The main exemptions relate to :-

• National security, information that would prejudice criminal proceedings, legal investigations, international relations, and commercially sensitive information.
   

• Personal data about other people cannot be released if doing so would breach the Data Protection Act.
   

• Some of the exemptions require the public body to consider whether it is in the public interest to withhold information. Where consideration of the public interest may take longer than the 20 days the public body must give the applicant an estimate of when it will have reached a decision on where the public interest lies within 20 days of receiving the request.
   

• If you want access to information regarding yourself then you would be better using your rights under the Data Protection Act.
   

• Environmental Information can be accessed through the Environmental Information Regulations.

How do I make a request?

Requests must be made in writing (Faxes and emails are acceptable) stating clearly what information is required. You must include your name and an address for correspondence. You do not need to say why you want the information or what you intend to do with it.

What happens when I make a request?

When a public body receives a request for information, they must respond as soon as possible, and not later than 20 working days after receiving your request. The public body will consider your request, and reply. The reply will confirm or deny whether or not they hold the information, and either provide the information you requested, or explain why it has not been provided, quoting an exemption under the Act.

What happens if my request is refused?

A request for information may only be refused by a public body if it falls under one of the exemptions.

 

If there a a valid exemption for some parts of the document(s) then those specific parts, may be withheld and the reason stated as above. The inclusion of some exempt information does not automatically exempt the entire document(s).

 

If your request is refused, the reply from the public body must identify which exemption it is applying, and give you details of how to apply for an internal review of their decision to refuse.

 

If, after an internal review, the public body still refuses your request, you may ask The Information Commissioner to review that decision.

What does it cost?

Requests for information will normally be free  (though you may be asked to pay the cost of photocopying, postage etc).

If the cost to the public body of providing you with the information that you have requested is more than £450 then it has the option to charge you for providing the information on the scale laid down in the regulations. If a public body wishes to charge a fee it must inform you in writing beforehand.

How many requests can I make?

The Act does not specifically limit the number of requests you can make. However, a public body can reserve the right to refuse any vexatious or repeated requests. This may include repeated requests from the same person for the same information, or requests which are intended to disrupt the body's work.

How can I use the information I receive?

The Freedom of Information Act does not place restrictions on how the information supplied may be used. However, the Act does provide for exemptions for commercially sensitive information, information intended for future publication or information related to investigations, law enforcement and court records. The Act does not transfer copyright in any information supplied under it.

Can I ask for the information in a different format?

You may request that the information be supplied in any form. However, a public body may take into account the cost of supplying the information in this form before complying with your request. In particular, you may ask for information in electronic format, permanent form, in summary form, or for permission to inspect records containing the information requested.

For more details or in case of queries contact:

Information Commissioner's Office
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire 
SK9 5AF 
telephone: 01625 545 745
email:mail@ico.gsi.gov.uk 
fax: 01625 524 510

or visit the Data Commissioner's Office web site