Information Law
The law governing access to information held by public authorities and lawful state surveillance: Freedom of Information Act requests and exemptions, environmental information rules, and the Investigatory Powers Act's judicial authorisation regime for interception, equipment interference, and bulk data powers.
Introduction
Information law spans two distinct regimes. Under the Freedom of Information Act 2000, any person can request recorded information from a public authority, which must comply promptly and in any event not later than the twentieth working day following receipt (s.10), subject to absolute and qualified exemptions; the Information Commissioner's Office enforces compliance, with appeals to the First-tier Tribunal (Information Rights). Separately, the Investigatory Powers Act 2016 regulates interception, equipment interference, and bulk data acquisition by the security and intelligence agencies and police: warrants require a Judicial Commissioner to review and approve the issuing authority's conclusions on necessity and proportionality before they take effect (s.23) — the 'double-lock'. Environmental information requests instead fall under the Environmental Information Regulations 2004. Jurisdiction: England & Wales (FOIA is UK-wide but England & Wales public authorities are the primary scope here).
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.
Core Principles
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.
Key Statutes
Freedom of Information Act 2000
Investigatory Powers Act 2016
Leading Cases
R (Evans) v Attorney General
[2015] UKSC 21
Durant v FSA
[2003] EWCA Civ 1746
Common Scenarios
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].
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Know Your Rights
Common Scenarios
Get Professional Help