Derecho de la información
Libertad de información, vigilancia y poderes de investigación.
Introducción
El derecho de la información regula el acceso a la información pública y los poderes de vigilancia del Estado.
In Brief
Any person can submit a Freedom of Information request to a public authority under the Freedom of Information Act 2000; the authority must respond within 20 working days. Exemptions may be absolute or qualified (subject to public interest test). If the authority refuses, request an internal review, then complain to the ICO, and finally appeal to the First-tier Tribunal. Surveillance by intelligence agencies is governed by the Investigatory Powers Act 2016, with 'double-lock' judicial authorisation.
Principios fundamentales
Right to Information — Any person can request information from a public authority (20 working days to respond).
Exemptions — Absolute (no public interest test) and qualified (public interest balance).
Environmental Information — Governed by the EIR 2004, broader than FOI in some respects.
Investigatory Powers — IPA 2016 provides framework for lawful interception and bulk data acquisition.
Oversight — Investigatory Powers Commissioner and Judicial Commissioners oversee surveillance.
Leyes clave
Freedom of Information Act 2000
Investigatory Powers Act 2016
Casos principales
R (Evans) v Attorney General
[2015] UKSC 21
Durant v FSA
[2003] EWCA Civ 1746
Escenarios comunes
Council refuses FOI request
Request an internal review. If still refused, complain to the ICO, which can order disclosure. Appeal to the First-tier Tribunal.
Related Careers
Frequently Asked Questions
Who can I submit a Freedom of Information request to?
Anyone (not just UK citizens or residents) can submit an FOI request to any public authority listed under the Freedom of Information Act 2000, including central government departments, local councils, NHS bodies, schools, universities, and the police. The authority must respond within 20 working days, providing the information or explaining which exemption applies.
What exemptions can block an FOI request?
The FOI Act contains absolute exemptions (where no public interest test applies, e.g. information relating to national security, court records, and information supplied by security services) and qualified exemptions (where the public interest in disclosure must be weighed against the harm — e.g. commercial interests, policy formulation, communications with the Royal Family). The burden of establishing an exemption is on the public authority.
What is the Investigatory Powers Act 2016?
The IPA 2016 (the 'Snoopers' Charter') provides the statutory framework for surveillance and interception powers available to security and intelligence agencies and police. It authorises bulk data collection, equipment interference (hacking), and targeted interception of communications, subject to 'double-lock' authorisation by a Secretary of State and a Judicial Commissioner. It was the subject of successful legal challenge in Liberty v Secretary of State [2019].
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