Freedom of Information Act 2000
Last amended by Constitutional Reform and Governance Act 2010 in 2010. Inserted an absolute exemption for communications relating to conferment of honours and tightened the absolute exemption for Cabinet minutes and certain high-level policy discussions (s.37 FOIA as amended).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Freedom of Information Act 2000 confers a general right of access to information held by public authorities in England, Wales, and Northern Ireland, and by UK-wide public authorities. Any person (regardless of nationality, residence, or purpose) may make a request for information and the public authority must respond within 20 working days, confirming whether it holds the information and (if so) communicating it, subject to exemptions. The Act creates two types of exemption: absolute exemptions (where the public interest in disclosure is conclusively overridden, such as personal data, court records, and information provided in confidence from a state) and qualified exemptions (where the information may nevertheless be disclosed if the public interest in disclosure outweighs the public interest in maintaining the exemption). The Act established the Information Commissioner's Office (ICO) as the independent regulator, with powers to investigate complaints, issue enforcement notices, and bring enforcement proceedings. The Environmental Information Regulations 2004 (EIR) run alongside FOIA for environmental information, with a slightly different regime. The Act does not apply to personal data requests, which are governed by the UK GDPR and Data Protection Act 2018.
Key Points
- General right of access — any person may request information from a public authority; the authority must confirm or deny whether it holds the information and, if so, communicate it (s.1)
- Public authorities — a wide list including all government departments, local authorities, NHS bodies, schools, universities, courts, and publicly owned companies (s.3 and Sch.1)
- 20 working day response deadline from receipt of the request (s.10); extensions permitted for the public interest test
- Publication schemes — every public authority must adopt and publish a scheme setting out what classes of information it proactively publishes (s.19)
- Absolute exemptions — include information accessible by other means (s.21), national security (s.23), parliamentary privilege (s.34), court records (s.32), personal information (s.40), and information provided in confidence from a foreign state
- Qualified exemptions — include defence (s.26), international relations (s.27), law enforcement (s.31), formulation of government policy (s.35), and commercial interests (s.43) — all subject to the public interest balancing test
- Duty to confirm or deny may itself be exempted under some absolute and qualified exemptions (s.2)
- Information Commissioner enforcement — can issue decision notices, information notices, and enforcement notices; appeals lie to the First-tier Tribunal (Information Rights) (s.57)
Parts & Sections
Amendments History
2004 — Environmental Information Regulations 2004 (SI 2004/3391)
Implemented the EU Aarhus Convention Directive, establishing a separate access-to-environmental-information regime alongside FOIA with fewer absolute exemptions and a stronger presumption in favour of disclosure.
2010 — Constitutional Reform and Governance Act 2010
Inserted an absolute exemption for communications relating to conferment of honours and tightened the absolute exemption for Cabinet minutes and certain high-level policy discussions (s.37 FOIA as amended).
Frequently asked questions
- Who can request information from a public authority under the Freedom of Information Act?
- Under the Freedom of Information Act 2000, any person can request information from a public authority, regardless of their nationality, residence, or purpose. The authority must respond within 20 working days, confirming whether it holds the requested information and, if so, providing it, unless specific exemptions apply.
- How long does a public authority have to respond to a Freedom of Information request?
- Public authorities must comply with information requests promptly and no later than the twentieth working day following receipt of the request. Extensions to this deadline are permitted if the authority needs additional time to consider the public interest test for qualified exemptions.
- What is the difference between absolute and qualified exemptions in FOI requests?
- The Act distinguishes between absolute and qualified exemptions. Absolute exemptions, such as those for personal data or court records, conclusively override the public interest in disclosure. Qualified exemptions, including those for law enforcement or commercial interests, allow disclosure if the public interest in revealing the information outweighs the interest in maintaining the exemption.
- What role does the Information Commissioner's Office play in enforcing the Act?
- The Information Commissioner's Office (ICO) acts as the independent regulator for the Freedom of Information Act. It has the power to investigate complaints, issue enforcement notices, and bring enforcement proceedings. Appeals against ICO decisions can be made to the First-tier Tribunal (Information Rights).
- Does the Freedom of Information Act cover requests for personal data?
- The Freedom of Information Act does not apply to requests for personal data. These requests are governed separately by the UK GDPR and the Data Protection Act 2018. However, information about third parties may be exempt under FOIA if disclosure would contravene data protection principles.