What is a freedom of information request, and how long does an authority have?
A freedom of information request is any written request to a public authority for recorded information it holds. Anyone, anywhere, can make one without saying why. The authority must say whether it holds the information and, unless an exemption applies, provide it within 20 working days.
What it is
The Freedom of Information Act 2000 covers public authorities in England, Wales and Northern Ireland, and UK-wide authorities in Scotland. Scottish public authorities fall under FOISA 2002 instead. Requests for environmental information are dealt with under the EIR, and requests for the requester's own personal data are subject access requests.
What makes a valid request
- In writing, including email or social media, with the requester's real name and an address for reply. FOIA s.8
- Describing the information requested. FOIA s.8(1)(c)
- Response within 20 working days, with an extension only to consider the public interest. FOIA s.10
What is handled differently
- The requester's own personal data: a subject access request. FOIA s.40(1)
- Environmental information: the EIR. FOIA s.39
- Information already reasonably accessible, or intended for future publication. FOIA ss.21 and 22
Who is responsible
The public authority holding the information. Staff must recognise requests sent to anyone in the organisation.
What it involves
- Log the request and the date of receipt.
- Give advice and assistance where needed.
- Search and retrieve.
- Apply any exemption and, for qualified ones, the public interest test.
- Respond with the information or a refusal notice.
Timing
20 working days, excluding bank holidays anywhere in the UK.
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
- Altering, defacing, blocking, erasing, destroying or concealing a record with intent to prevent its disclosure after a request is an offence under FOIA s.77 (summary only, unlimited fine in England and Wales), and under EIR reg 19.
- Civil
- No right to compensation. Enforcement runs through the regulator and the tribunal.
Go further
- The law
- FOIA 2000
- Procedures
- FOI request response (FOIA 2000)
- Checklists
- FOI request response (FOIA 2000)
- Tools
- Which access regime applies?
More on freedom of information and environmental information
- 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?
- When can an authority refuse an FOI request on cost?
- 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 1 legislation.gov.uk
- Primary Freedom of Information Act 2000, section 8 legislation.gov.uk
- Primary Freedom of Information Act 2000, section 10 legislation.gov.uk
- Regulator Section 45 code of practice: request handling Information Commissioner's Office
Updated