Freedom of Information Act 2000

The right of access, the time limit, fees and costs, vexatious requests, advice and assistance, refusal notices and publication schemes.

• s.1 Duty to confirm or deny, and to communicate the information.
• s.2 Absolute and qualified exemptions; the public interest test.
• s.3 and Sch 1 Which bodies are public authorities.
• s.8 A valid request is in writing, names the requester, gives an address and describes the information.
• s.10 20 working days, with a reasonable extension where the public interest test is being considered.
• s.12 Cost limit for complying.
• s.14 Vexatious and repeated requests.
• s.16 Advice and assistance.
• s.17 Refusal notices.
• s.19 Publication schemes.

The exemptions. Each is either absolute or qualified, and either class-based or prejudice-based.

• ss.21 to 44 See the exemptions listed below, each with its test.

Codes of practice and the regulator's promotional functions.

• s.45 Code of practice on discharging FOI functions.
• s.46 Code of practice on records management.
• s.48 Practice recommendations.

Complaints to the regulator and the notices it can issue.

• s.50 Decision notices.
• s.51 Information notices.
• s.52 Enforcement notices.
• s.53 Exception from duty to comply with certain notices (the accountable person's certificate, or veto).
• s.54 Failure to comply certified to the High Court as contempt.
• s.56 No right of action in civil proceedings.

Appeals to the First-tier Tribunal and onward on points of law.

• s.57 Appeal against a notice.

Historical records, amendments to the DPA 1998 (spent) and miscellaneous provisions, including the s.77 offence.

• s.77 Offence of altering records with intent to prevent disclosure.
• s.84 Interpretation, including information and working day.

Where a request has been made and the applicant would have been entitled to the information, it is an offence for the public authority, or a person employed by it, an officer of it or subject to its direction, to alter, deface, block, erase, destroy or conceal any record held by the authority with the intention of preventing its disclosure. The FOI counterpart of DPA 2018 s.173.

Mens reaMens reaThe mental element an offence requires, such as intention, knowledge or recklessness. Most DPA 2018 offences need knowledge or recklessness.Defined in: General criminal law

Intention to prevent disclosure

Penalty

Fine not exceeding level 5 on the standard scale (unlimited in England and Wales); summary only

Imprisonment

Not available

Trigger

Absolute. Applies where the information is reasonably accessible to the applicant otherwise than under the Act, for example already published.

Disapplies

• s.1(1)(b) duty to communicate

Trigger

Qualified, class-based. The information is held with a view to publication at a future date, and it is reasonable in all the circumstances to withhold it until then.

Disapplies

• s.1(1)(b)

Trigger

Qualified, prejudice-based. Information obtained in a continuing programme of research intended for publication, where disclosure before then would, or would be likely to, prejudice the programme, the researcher's interests or the authority's interests.

Disapplies

• s.1(1)(b)

Trigger

Absolute, class-based. Information directly or indirectly supplied by, or relating to, the bodies listed in s.23(3), such as the security and intelligence agencies.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified. Applies where exemption is required for the purpose of safeguarding national security. A Minister's certificate is conclusive evidence, subject to appeal.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, prejudice-based. Disclosure would, or would be likely to, prejudice the defence of the British Islands or the capability or security of the armed forces.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, prejudice-based, or class-based for confidential information obtained from another State or an international organisation.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, prejudice-based. Disclosure would, or would be likely to, prejudice relations between administrations in the UK.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, prejudice-based. Disclosure would, or would be likely to, prejudice the economic interests of the UK or the financial interests of a UK administration.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, class-based. Information held for criminal investigations or proceedings, or obtained from confidential sources for certain investigations.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, prejudice-based. Disclosure would, or would be likely to, prejudice the prevention or detection of crime, the administration of justice, tax collection or other listed functions. Only where s.30 does not apply.

Disapplies

• s.1(1)(a) and (b)

Trigger

Absolute, class-based. Information held only by virtue of being in documents filed with, or created by, a court or tribunal for proceedings.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, prejudice-based. Applies to authorities with audit functions where disclosure would, or would be likely to, prejudice those functions.

Disapplies

• s.1(1)(a) and (b)

Trigger

Absolute. Exemption is required to avoid an infringement of the privileges of either House. A certificate from the Speaker or Clerk is conclusive.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, class-based. Information held by a government department relating to the formulation or development of government policy, ministerial communications, Law Officers' advice or a ministerial private office.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, except for information held by either House of Parliament. Engaged only where, in the reasonable opinion of a qualified person, disclosure would, or would be likely to, prejudice the matters listed. The opinion must be reasonable and actually given.

Disapplies

• s.1(1)(a) and (b)

Trigger

Absolute for communications with the Sovereign, the heir and the second in line; qualified for other members of the Royal Family and Household and for honours.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, prejudice-based. Disclosure would, or would be likely to, endanger the physical or mental health or safety of any individual.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified, class-based. Applies to information the authority must make available under the EIR, so the request is handled under the EIR instead.

Disapplies

• s.1(1)(a) and (b)

In practice a routing provision rather than a reason to withhold.

Trigger

Absolute. The information is the requester's own personal data. Handled as a subject access request instead.

Disapplies

• s.1(1)(a) and (b)

Trigger

Absolute where disclosure to the public would contravene the data protection principles (the first condition); otherwise conditions linked to the data subject's rights apply, some subject to the public interest test.

Disapplies

• s.1(1)(b)

Disclosure under FOIA is treated as disclosure to the world, which is why the principles test is usually decisive.

Trigger

Absolute. The information was obtained from another person and disclosure would constitute an actionable breach of confidence. A public interest defence to the breach of confidence is built into that test.

Disapplies

• s.1(1)(b)

Trigger

Qualified, class-based. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. The public interest in maintaining privilege carries substantial inherent weight.

Disapplies

• s.1(1)(a) and (b)

Trigger

Qualified. Trade secrets (class-based), or information whose disclosure would, or would be likely to, prejudice the commercial interests of any person, including the authority.

Disapplies

• s.1(1)(a) and (b)

Trigger

Absolute. Disclosure is prohibited by or under another enactment, incompatible with an obligation the statute preserves, or would be contempt of court.

Disapplies

• s.1(1)(a) and (b)

Trigger

Not an exemption: a ground for refusal. Applies where the estimated cost of complying exceeds the appropriate limit set in the fees regulations. Advice and assistance on narrowing the request should be offered (s.16).

Disapplies

• s.1(1)

Trigger

Not an exemption: a ground for refusal. The request is vexatious (judged on the request, not the requester, though context and history count), or repeats an identical or substantially similar request without a reasonable interval.

Disapplies

• s.1(1)