When can an authority refuse an FOI request on cost?
Under FOIA an authority can refuse a request if finding and extracting the information would cost more than £600 for central government or £450 for other authorities, with staff time charged at £25 an hour (24 or 18 hours). Under FOISA the limit is £600 at no more than £15 an hour. The EIR have no cost limit, but a request can be manifestly unreasonable.
What it is
The estimate can include determining whether the information is held, locating, retrieving and extracting it, but not considering exemptions or redacting. The authority must give advice and assistance to help the requester bring the request within the limit. Similar requests from the same person within 60 working days can be aggregated.
When it applies
- The reasonable estimate exceeds the appropriate limit. FOIA s.12; SI 2004/3244
- For Scottish authorities, the estimate exceeds £600. FOISA s.12; Fees Regulations 2004
- For environmental information, the burden makes the request manifestly unreasonable. EIR reg 12(4)(b)
What does not count
- Time spent considering exemptions, redacting or consulting third parties.
Who is responsible
The authority, which must make a sensible, realistic estimate and offer advice and assistance.
What it involves
- Estimate time for each permitted activity, based on sampling where you can.
- Refuse with a section 17 notice if over the limit.
- Explain how the request could be narrowed.
- Consider aggregation of similar requests.
If it goes wrong
- Regulatory
- The requester can complain to the regulator, which issues a decision notice requiring the authority to act. Either side can appeal to the First-tier Tribunal (General Regulatory Chamber), then on a point of law to the Upper Tribunal. Failing to comply with a notice can be certified to the High Court and dealt with as contempt.
- Criminal
- No offence.
- Civil
- No right to compensation. Enforcement runs through the regulator and the tribunal.
Go further
More on freedom of information and environmental information
- What is a freedom of information request, and how long does an authority have?
- Who counts as a public authority for FOI and the EIR?
- What is environmental information, and when do the EIR apply instead of FOI?
- What is the public interest test in FOI?
- What does "neither confirm nor deny" mean?
- What is a vexatious request?
- What is an internal review, and when must an authority carry one out?
- What is a publication scheme, and who needs one?
- Does FOIA or FOISA apply to a Scottish body?
- How do you complain or appeal about an FOI response?
Sources
- Primary Freedom of Information Act 2000, section 12 legislation.gov.uk
- Primary Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 legislation.gov.uk
- Regulator Charging a fee and cost limits Information Commissioner's Office
- Regulator Fees and excessive cost of compliance briefing Scottish Information Commissioner
Updated