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Home > Shop > Report > Freedom of Information

Complying with Freedom of Information legislation: a guide for practitioners
ISBN 1-904769-09-8 - April 2005

This report is written for practitioners in jobs focused on, or in roles influenced by, freedom of information legislation.

Focusing on key elements of the legislation and guidance from relevant coordinating authorities in the public sector, the report offers up-to-date and timely advice on the key issues.

The report contains key steps for practitioners to follow. Key "practitioner action points" are highlighted throughout the text and are presented as a handy reference list at the beginning.

The reader is offered relevant advice and guided to more detailed sources when relevant.

Extensively researched, this publication is based on the latest guidance and resources available from the Department of Constitutional Affairs, including fees regulations.

Key features

Detailed overview of key parts of the legislation: Freedom Information Act 2000 and the Environmental Information Regulations 2004
Detailed discussion of fees and charges
Interaction with other legislation outlined
Key points illustrated with latest Freedom of Information cases and examples before and since January 2005
Coverage of new developments such as disclosure logs
Extensive resource list and further reading covering over 100 fully referenced sources
Discussion of crucial information management issues
Discussion of the context in the following sectors: Central and local government; NHS; Police; HE and FE: Schools
A look at the the future for Freedom of Information in the UK

To see a sample, view the Sample PDF (requires Adobe Acrobat).

Review

"To those seeking a no nonsense practical guide to implementing Freedom of Information, I would say that the GBP29 for this publication is money well spent." Click to read full review (May 2005).

Testimonials

""... excellent choice for those needing a comprehensive guide to the Freedom of Information (FoI) Act ... It provides essential advice on publication schemes, FOI and copyright, and how to manage requests and train staff". Records Management Society 'Bulletin', December 2005.
"It is a really useful book and one that I will be using in my work.

It is clearly set out and easy to find topics. In particular the topics about possible questions to ask in the audit. I did think it was value for money!" Compliance Project Manager, UK
"The report seems to draw together all aspects of FOI in a very comprehensive way and I think will be a useful starting point when I need to find information on a particular issue."
"I thought the report was very imformative and very useful as a source of reference when looking at FOI requests.

The format was very readable and the action points were invaluable to see if we were on the right lines.

The fee charged was very good value for money as it would equate to a very small amount of officer time in trying to pick your way through the legislation.

I feel it is always useful to have a criteque that has been put together from somone on the outside looking in letting us know what systems or procedures are most effective.

I just thought the publication was really good value for money and I am already using this to help my decision making with FOI requests. The links enclosed to pther sites are also invaluable." Customer Services Manager, UK
"Extremely informative. Yes it was very good value for money, I have spent a lot more on a lot less! Very satisfied all round."
"It is a really useful book and one that I will be using in my work. It is clearly set out and easy to find topics. In particular the topics about possible questions to ask in the audit. I did think it was value for money!" Compliance Project Manager
"Interesting and informative. Yes [it was value for money], but I still prefer hardcopies. I would and have recommended the publication to colleagues." Scrutiny and Policy Support Officer (Information Management), District Council, UK

About the Author

Steve Wood is a Senior Lecturer in Information Management at the School of Business Information, Liverpool John Moores University. Steve lectures on undergraduate and postgraduate programmes on the subject areas of e-business, information management, knowledge management, content management and freedom of information. He is also currently working on a PhD on the topic of business models for enterprise content management systems. (http://www.livjm.ac.uk/).

Steve is founder and editor of "Open Government: A Journal on Freedom of Information" http://www.opengovjournal.org. He is also responsible for editing and maintaining the popular freedom of information website, "Freedom of Information Act blog" at http://foia.blogspot.com. Steve has also chaired and spoken at many Freedom of Information conferences.

Steve also consults and trains on information management and e-business issues with SMEs and large organisations (public and private sector). His consultancy includes DTI funded Knowledge Transfer Programmes.

His textbook, co-authored with Dave Chaffey entitled "Business Information Management: improving performance using information systems", was published by FT Prentice Hall November 2004. http://www.pearsoned.co.uk/

Previously Steve was intranet and extranet manager for HM Treasury.

The basics are outlined in the article "Key issues in complying with Freedom of Information legislation", FreePint No.179.

Press

View the press release.

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Table of Contents

	Biographical note	7
	Acknowledgements	7
	Copyright	7
	Abbreviations used in the text	7

1.	Introduction	8

1.1.	Why is Freedom of Information legislation important?	8
1.2.	Freedom of Information in the UK: brief history	8
1.3.	The impact on UK Public Authorities	9

2.	Legislation: an overview	11

2.1.	The Freedom of Information Act 2000	11
2.1.1.	Exemptions	11
2.1.2.	A General right of access to information held by public authorities	11
2.1.3.	Public authorities	12
2.1.4.	Requests for Information	13
2.1.5.	Fees	14
2.1.6.	Time for compliance with request	16
2.1.7.	Vexatious and repeated requests	16
2.1.8.	Duty to assist and advise	17
2.1.9.	Refusal of requests	17
2.2.	The Information Commissioner, Information Tribunal, appeals and enforcement	17
2.2.1.	Offence of altering etc. records with intent to prevent disclosure	19
2.2.2.	Amendments to other legislation	19
2.3.	Exemptions	20
2.3.1.	Applying exemptions	20
2.3.2.	The Public interest test	20
2.3.3.	Information Reasonably Accessible to the Applicant by Other Means	21
2.3.4.	Information Intended for Future Publication	21
2.3.5.	Prejudice to effective conduct of public affairs	21
2.4.	Codes of Practice under section 45 and 46 of the Freedom of Information Act 2000	22
2.4.1.	Section 45 Code of Practice on the discharge of public authorities' functions	22
2.4.2.	Section 46 Code of Practice on the Management of Records	23
2.5.	The Freedom of Information (Scotland) Act 2002	23
2.6.	Environmental Information Regulations	24
2.6.1.	Introduction to The EIRs 2004	24
2.6.2.	Key features of the EIRs 2004	25
2.6.3.	Key differences between FOIA (2000) and EIRS 2004	25
2.6.4.	EIR exceptions (exemptions)	26
2.6.5.	EIRs 2004 and Fees	26
2.6.6.	Guidance and advice on EIRs	27
2.7.	Freedom of Information in Wales and Northern Ireland	27
2.8.	Interaction with other legislation	27
2.8.1.	The Data Protection Act 1998	27
2.8.2.	Data relating to deceased people and the Access to Health Records Act 1990	28
2.8.3.	Local Government Act 1972	29

3.	Publication schemes and proactive release	29

3.1.	Publication schemes	29
3.2.	Disclosure logs	31
4.	Freedom of Information legislation and procurement	31
4.1.	Commercial interests	31
4.2.	Confidentiality	32
4.3.	EIRs 2004	33
4.4.	Section 44: prohibitions on disclosure	33

5.	Freedom of Information and Copyright	33
5.1.	Freedom of Information and third party Copyright	33
5.2.	Crown Copyright or public authority copyright	34
5.3.	EU Directive on reuse of public sector information	34

6.	Information Management and Freedom of Information	35
6.1.	Information auditing	35
6.2.	Records Management	36
6.3.	Information Asset Registers	37

7.	Managing requests	37
7.1.	Procedures	37
7.2.	Managing time and when can I stop the clock	37
7.3.	Request management software	38

8.	Staff training	39

9.	Freedom of Information overseas	39

10.	Freedom of Information sector by sector	40
10.1.	Central Government clearing house	40
10.2.	Higher and further Education	40
10.3.	Police	40
10.4.	Legal Government	41
10.5.	Schools	41

11.	Organisational structures for managing Freedom of Information	41

12.	How have public authorities been coping?	42

13.	Freedom of Information: future	42

14.	Freedom of Information resources	43
14.1.	Official Resources	43
14.1.1.	Primary legislation	43
14.1.2.	Secondary Legislation	43
14.1.3.	EU Legislation	44
14.1.4.	Codes of Practice	44
14.1.5.	Official Guidance	44
14.1.6.	Official reports and papers	45
14.2.	Other public sector publications	46
14.3.	Books and Reports	47
14.4.	Websites	48
14.5.	Articles	48
14.6.	Journals	50
14.7.	Software for managing Freedom of Information Act requests	50
14.8.	Organisations offering Freedom of Information training and consultancy	50
14.9.	Overseas resources	51
14.9.1.	USA	51
14.9.2.	Australia	51
14.9.3.	Canada	51
14.9.4.	New Zealand	51
14.9.5.	Ireland	51

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