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Freedom of Information
David Ottewell

Before...

“The very fact of [the] introduction [of the Freedom
of Information Act] will signal a new relationship
between government and people: a relationship
which sees the public as legitimate stakeholders
in the running of the country, and sees elections
to serve the public as being given on trust.”

Tony Blair, 1996

...and after

“Freedom of information. Three harmless words.
I look at those words as I write them, and feel
like shaking my head until it drops off. You idiot.
You naive, foolish irresponsible nincompoop.
There is really no description of stupidity, no
matter how vivid, that is adequate. I quake at
the imbecility of it.”

Tony Blair, 2010

Freedom of Information Act 2000

Labour manifesto commitment in 1997

Came into force, along with Environmental
Information Regulations, in 2005

Covers England, Wales, Northern Ireland

Scotland has similar, but non-identical, law

Brought UK into line with 85 other countries
around world with some form of freedom of
information legislation

Principles

Assumption in favour of disclosure

'Purpose-blind' – no need to give reason for
request

'Applicant-blind' – all requests must be treated
equally

Who is covered?

'Public bodies' – more than 100,000 in total

Schedule 1 of the act contains a list of types of
body

It also contains a list of specific, named bodies
which are classed as 'public bodies'

Secretary of state has power to designate
further bodies

'Hybrid bodies' partially covered – e.g. BBC,
GPs, dentists

Who is using it, and how often?

Number of requests believed to be rising by
between 5pc and 15pc a year

Local authorities get most requests – around
200,000 a year

Report by The Constitution Unit found, in first
year of FOI, 43pc from individuals, 29pc from
businesses, 11pc from journalists

Latest figures show government departments
answered 56pc of requests in full

Recent developments

Justice Select Committee's report suggested
generally FOI 'working well'

But have proposed cost-ceiling reduction

Ministry of Justice has raised concerns: 'a tool
for journalists fishing for the next scandal'

MoJ commissioned a MORI study suggesting
cost limit should be reduced and charges
introduced, at least for 'serial requesters'

Making a request

Must be in writing (this includes emails)

Must specify what information is requested, and
give a preferred format for response

Must include an address for correspondence

Should be directed at FOI officer and make
clear it is a request under freedom of
information laws

The cost limit

£600 for government departments (24 staff
hours)

£450 for other public bodies (18 staff hours)

Can charge you for costs like photocopying and
postage

Can offer you the chance to pay if the cost
exceeds the limit – but don't have to, and
generally won't

Exemptions

Some are absolute – meaning there is no
public-interest test

Most are qualified – in which case the public
body must run a public-interest test

'Vexatious' requests will also be rejected

This term is not clearly defined, but bodies can
take into account the tone of the request,
whether the requester is
'obsessive'/harrassing/disruptive, and the
'value' in the request

Absolute exemptions

Already reasonably accessible

Security bodies/national security

Court records

Parliamentary privilege

Personal information of requester

Data protection act (person information of others),
However whether DPA applies is subject to public-
interest test ('fairness') & doesn't apply to the dead

Actionable confidentiality (from without)

Qualified exemptions

Intended for future publication

Prejudice defence/armed forces/international
relations/economy

Prejudice law enforcement/investigations

Audit functions

Government policy/conduct of public affairs

Communications with Royal Family

Endangering health/safety

Trade secrets

Third-party information

ICO published a note in relation to MPs' exes

Three stage test:set by information tribunal

ONE: Is there legitimate public interest?

TWO: Is disclosure necessary for that interest?

THREE: Is there yet an excessive negative
impact on individuals concerned?

Decision upheld by High Court on appeal

The time limit

20 working days before the authority must
reveal if it has the information

Must either give it to you or issue refusal notice

Clock starts day after request received – unless
need to clarify request

Refusal notice must specify exemption(s)

If exemption(s) qualified, can take 'reasonable'
extra time to consider public interest

Right of appeal

Initially should request an internal review –
generally contesting public-interest case

ICO has suggested this should take maximum
of 40 days, usually no more than 20

Next step is to challenge independently through
the ICO

Most complaints that go to the ICO are
informally resolved

Authorities must be helpful

“Authorities should... provide assistance to the
applicant to enable him or her to describe
more clearly the information requested...
Appropriate assistance in this instance might
include providing an outline of the different
kinds of information which might meet the
terms of the request.”

Code of practice issued under S45 of the act

Tip 1: know your exemptions

There's no point asking for something you know
you have no chance of getting

But you can get information relating to a
person's role (e.g. council leader's claims for
trips abroad)

Be prepared to make a strong public-interest
argument – search for and quote relevant
precedents

Be prepared to negotiate

Tip 2: be precise

Most FOI officers want to do their job – but that
isn't second-guessing what you want

Define terms: e.g. if asking for correspondence,
clarify this means all letters, memos, reports
and emails

Set a clear time period – and be clear if the
public body works in calendar or financial years

Tip 3: work with the cost limit

Plan your request. Ask for all correspondence
between x and y for last five years, you won't
get it. Ask for all emails between x and y with 'z'
in the subject heading, you will

Find out if the information is kept in a specific
format (e.g. a spreadsheet) – and ask for it

Build in some flexibility – e.g. 'last 12-month
period for which figures are readily available'

Ask the FOI officer to suggest a solution if they
say your request goes over the cost limit

Tip 4: 'stage' your requests

Give a maximal version but make clear you
would accept less to avoid the cost ceiling

For example: “All data about x for the last five
calendar years; or, if that breaches the cost
limit, then the last three calendar years; or, if
that breaches the cost limit, then the last
calendar year”

Can stage in other ways, too – e.g. “All letters
between x, y, z; or at least between x and y”

Tip 5: don't give them an 'out'

If you think certain documents might contain
elements that would fall foul of an exemption
(e.g. names, commercial information), point out
that you are prepared to consider some degree
of redaction. (You can also do this after a RN)

Suggest alternatives – e.g. if won't give names
of police officers, ask for ranks, division, male
or female, etc. (This will give you a better story
and make it easier for you to track down the
information through other sources)

Tip 6: pitfalls of statistics

Many statistics available elsewhere – ONS,
Hansard, local government sites

Should be monitored as a matter of course

Don't pass off old statistics as new

Don't just ask for figures – get details, too

If possible, ask for 'raw-data' documents (such
as spreadsheets) rather than a précis

If you are asking for statistics, be ambitious

Using the Freedom of Information Act

Tip 7: FOI is just the start

Information must be put in context and the story
must be developed

Case studies

Expert interpretation

Reaction

Graphical representation

Tip 8: documents and dossiers

Think about major events – try to get hold of
relevant letters, reports and other documents

In many cases these are filed in one place – so
asking for them may NOT fall foul of the cost
limit

Government departments seem better at
providing these than local authorities

Do your research so you know what is new and
what is not

Tip 9: know your FOI officer

They are not the enemy – they have a job to do
and being prepared to be flexible and negotiate
helps both parties

Should be lines of communication – often by
modifying a request slightly, or limiting its
scope, will get the result you want

Tip 10: know what you want

Are there specific documents that you know
exist?

Plan your questions carefully with a journalistic
nose for a story. What is the intro likely to be?
What other information are you likely to need
beyond the headline data? Make sure you ask
for this at the same time

Tip 11: steal good ideas

Previous FOI requests can be found in various
places – many can be adapted for reuse

Public bodies often keep a list of FOIs they
have answered online

whatdotheyknow

David Higgerson's FOI blog has a weekly
selection of the best FOI requests

Google news searches for 'freedom of
information'

'Timeless classics'

Crimes against police stations/officers

Personal information breaches

Restaurant inspections for football clubs

Gun licences to kids

Police call-outs to hospitals

Compo claims against schools etc

Confiscations from courts/prisons

Paedos 'on the run'

Tip 12: the limits of FOI

Using FOI doesn't make you an investigative
genius

If you get information through the act you
should mention it – but shock-horror 'obtained
under FOI...' intros are a cliché

Contacts are still the best means of identifying
and obtaining controversial documents

Press officers will often issue information

We don't want to be getting everything from FOI

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