Freedom of Information Act 2000 — exemptions, public-interest balance, and appeals
How to make an FOI request, the principal exemptions (s.14 vexatious, s.21 reasonably accessible, s.30 investigations, s.36 effective conduct, s.40 personal data, s.41 confidence, s.43 commercial, s.44 statutory prohibition), the public-interest test, and the appeal route through the ICO and First-tier Tribunal (General Regulatory Chamber).
ভূমিকা
The Freedom of Information Act 2000 (FOIA) gives any person, anywhere in the world, the right to ask any UK public authority whether it holds information of a description specified in their request and, if it does, to be supplied with that information (s.1). The right took effect on 1 January 2005 and has fundamentally changed the openness of UK government. Public authorities listed in Schedule 1 (every central government department, NHS body, local authority, police force, university, BBC for non-journalistic information, etc.) must respond within 20 working days. Information may be withheld only under one of the Act's exemptions (Parts II of the Act, ss.21-44). Exemptions are either 'absolute' (information is exempt regardless of public interest) or 'qualified' (the public authority must apply a public interest test, weighing the public interest in maintaining the exemption against the public interest in disclosure). Environmental information is governed by a parallel regime, the Environmental Information Regulations 2004 (EIR), which is more disclosure-friendly. Refusals can be challenged: first by internal review with the authority; then by complaint to the Information Commissioner; then by appeal to the First-tier Tribunal (General Regulatory Chamber); ultimately to the Upper Tribunal and Court of Appeal on a point of law. Tribunal case law (and ICO guidance) has shaped the practical operation of every exemption.
In Brief
The Freedom of Information Act 2000 gives any person the right to request recorded information held by a UK public authority. The authority must respond within 20 working days and can only withhold information under one of the Act's absolute or qualified exemptions; qualified exemptions require a public-interest balancing test. Refusals can be challenged: internal review → ICO Decision Notice → First-tier Tribunal (General Regulatory Chamber) → Upper Tribunal → Court of Appeal. Environmental information is governed by the parallel and more disclosure-friendly Environmental Information Regulations 2004.
মূল নীতি
The right (FOIA s.1) — any person can request any recorded information held by a public authority. No reason need be given. Identity (where requested for verification) and a return address are the only formal requirements.
20 working days — public authorities must comply within 20 working days (FOIA s.10), with limited extensions where public-interest balancing under qualified exemptions requires more time.
Cost limits (FOIA s.12, Fees Regs 2004) — central government and Parliament: £600 (24 hours staff time at £25/hr). Other authorities: £450 (18 hours). Above this, the authority can refuse the request as a whole.
Vexatious requests (FOIA s.14) — absolute right to refuse vexatious requests. The Information Tribunal in Dransfield [2012] UKUT 440 (AAC) set the leading test: harassment, burden, motive, value, and whether the request has 'serious purpose and value'.
Information reasonably accessible (FOIA s.21) — absolute exemption where the information is available elsewhere (e.g. published on the authority's website).
Confidentiality (FOIA s.41) — absolute exemption where disclosure would constitute an actionable breach of confidence.
Investigation and proceedings (FOIA s.30) — qualified class-based exemption protecting investigation files from disclosure during and (for 100 years after) closure.
Effective conduct of public affairs (FOIA s.36) — qualified, requires the 'reasonable opinion' of a qualified person (typically the relevant minister or chief executive).
Personal data (FOIA s.40 + UK GDPR) — exemption where disclosure would breach the data protection principles. Information about the requester themselves is absolutely exempt under s.40(1) (use a Subject Access Request instead).
Commercial interests (FOIA s.43) — qualified exemption protecting trade secrets and commercial interests.
Public interest test (FOIA s.2) — for qualified exemptions, the authority must show the public interest in maintaining the exemption outweighs the public interest in disclosure. The 'balance' is in favour of disclosure if equal.
Appeal route — Internal Review → ICO Decision Notice (FOIA s.50) → First-tier Tribunal (GRC) → Upper Tribunal (Administrative Appeals Chamber) → Court of Appeal.
মূল আইন
Freedom of Information Act 2000
Environmental Information Regulations 2004
Data Protection Act 2018
Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004
প্রধান মামলা
Dransfield v Information Commissioner
[2012] UKUT 440 (AAC)
R (Evans) v Attorney General
[2015] UKSC 21 (the 'Black Spider Memos' case)
Department of Health v Information Commissioner
[2015] UKUT 159 (AAC)
All Party Parliamentary Group on Extraordinary Rendition v Information Commissioner
[2013] UKUT 560 (AAC)
Frequently Asked Questions
How do I make an FOI request?
Write to the public authority (email is fine; many have an online form). State your name and a return address (an email address suffices). Describe the information you want clearly enough for the authority to identify it. No fee is payable. The authority must respond within 20 working days (FOIA s.10), either disclosing the information, refusing on a specified exemption, or saying it does not hold the information. There is no need to mention 'FOI' — any written request is treated as one.
What's the difference between an absolute and a qualified exemption?
Absolute exemptions (e.g. s.21 reasonably accessible, s.32 court records, s.40(1) requester's own personal data, s.41 confidence) apply regardless of the public interest. Qualified exemptions (e.g. s.22 future publication, s.27 international relations, s.29 economy, s.30 investigations, s.31 law enforcement, s.36 effective conduct, s.43 commercial) require a public interest balancing test under s.2 — the authority must consider whether the public interest in maintaining the exemption outweighs the public interest in disclosure. Where the balance is equal, the information must be disclosed.
Can I appeal a refusal to disclose?
Yes. First ask the authority for an internal review (usually within 40 working days). If still refused, complain to the Information Commissioner under FOIA s.50; the ICO will investigate and issue a Decision Notice. Either party can appeal to the First-tier Tribunal (General Regulatory Chamber) within 28 days. From the FtT, appeal lies on a point of law to the Upper Tribunal (Administrative Appeals Chamber) and ultimately Court of Appeal.
What is the difference between FOIA and the Environmental Information Regulations?
FOIA covers most recorded information. The Environmental Information Regulations 2004 (EIR) cover 'environmental information' — broadly defined to include the state of the environment, factors affecting it, measures and activities affecting it, and reports on its protection. The EIR are MORE disclosure-friendly: there are fewer exemptions, the public-interest test is harder to satisfy, and the regime is 'requester-friendly' in disputes. If your request is for environmental information it must be handled under EIR not FOIA, even if you wrote citing FOIA.
What happens if my request is too broad?
The authority can refuse a request that exceeds the appropriate fees limit (FOIA s.12). For central-government departments and Parliament, the limit is £600 (24 hours staff time at £25/hr); for other authorities it is £450 (18 hours). The authority must offer advice and assistance under s.16 — telling you how to refine the request to bring it within the limit. They cannot simply refuse and walk away. If they do, complain to the ICO.
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