The UK Freedom of Information Act – A Practical Guide for Academic Researchers' (Dr. Michael Kandiah)

The UK Freedom of Information Act – A Practical Guide for Academic ResearchersCambridgeWednesday, 16 February 2011

DR M. D. KANDIAH

Director of the Witness Seminar ProgrammeCentre for Contemporary British History

at King's College LondonInstitute for Contemporary History

[email protected]

Freedom of Information Act 2000

• Established a public 'Right to Know'


• Established a public 'Right to Know'• Came fully into force on 1 January 2005


• Established a public 'Right to Know'• Came fully into force on 1 January 2005• Required that public bodies provide information when queried

by members of the public, with certain types of information exempt


• Established a public 'Right to Know'• Came fully into force on 1 January 2005• Required that public bodies provide information when queried

by members of the public, with certain types of information exempt

• Public bodies had to respond within 20 working days, although this deadline could be extended within certain limits


• Related legislation (which also came into force on 1 January 2005)• Freedom of Information (Scotland) Act 2005


• Related legislation (which also came into force on 1 January 2005)• Freedom of Information (Scotland) Act 2005• Environmental Information Regulation 2004


• Related legislation (which also came into force on 1 January 2005)• Freedom of Information (Scotland) Act 2005• Environmental Information Regulation 2004• Environmental Information Regulation (Scotland) 2005


• Related legislation (which also came into force on 1 January 2005)• Freedom of Information (Scotland) Act 2005• Environmental Information Regulation 2004• Environmental Information Regulation (Scotland) 2005• Amendments to the Data Protection Act 1998


• Which bodies are covered:• Central government departments & agencies & local authorities


• Which bodies are covered:• Central government departments & agencies & local authorities• NHS bodies (including GPs, etc.)


• Which bodies are covered:• Central government departments & agencies & local authorities• NHS bodies (including GPs, etc.)• Schools, colleges & universities


• Which bodies are covered:• Central government departments & agencies & local authorities• NHS bodies (including GPs, etc.)• Schools, colleges & universities• Police & the Armed Forces


• Which bodies are covered:• Central government departments & agencies & local authorities• NHS bodies (including GPs, etc.)• Schools, colleges & universities• Police & the Armed Forces• Quangos, regulatory and advisory bodies


• Which bodies are covered:• Central government departments & agencies & local authorities• NHS bodies (including GPs, etc.)• Schools, colleges & universities• Police & the Armed Forces• Quangos, regulatory and advisory bodies• Parliament & Welsh Assembly (Scottish Parliament)

Freedom of Information Act 2000• Required public bodies:• To produce a 'publication scheme', which includes:• all information held anywhere within an institution;

and• does not have to be in the form of a specific

document or structure, e.g. a database• To deal with individual requests for non-personal information that public authorities hold, subject to specific exemptions in the Act


• Exceptions:• Absolute Exemptions


• Exceptions:• Absolute Exemptions• Qualified Exemptions – determined by the 'Public Interest Test'


• Absolute Exemptions• Information accessible by other means• Information supplied by, or relating to, bodies dealing with

security matters• Court records, and so on• Parliamentary privilege• Prejudice to effective conduct of public affairs• Personal information• Information provided in confidence• Prohibitions on disclosure where a disclosure is prohibited by an

enactment or would constitute contempt of court


• Exemptions subject to 'public interest test' – 1:• Information intended for future publication• National security (other than information supplied by or relating

to named security organisations, where the duty to consider disclosure in the public interest does not arise)

• Defence• International relations• Relations within the United Kingdom• The economy• Investigations conducted by public authorities• Law enforcement• Audit functions


• Exemptions subject to 'public interest test' – 2:• Formulation of government policy• Prejudice to effective conduct of public affairs (except

information held by the House of Commons or the House of Lords)

• Communications with Her Majesty, etc. and honours• Health and safety• Environmental information• Personal information• Legal professional privilege• Commercial interests

Freedom of Information Act 2000• Other significant points• FoI was part of Labour's 1997 Election Manifesto

Freedom of Information Act 2000• Other significant points• FoI was part of Labour's 1997 Election Manifesto• FoI was NOT designed to facilitate academic research

Freedom of Information Act 2000• Other significant points• FoI was part of Labour's 1997 Election Manifesto• FoI was NOT designed to facilitate academic research• FoI was 'resource neutral' – i.e., public authorities were not

provided extra resources

Freedom of Information Act 2000• An FoI request:• Can be made by any individual, anywhere in the world

Freedom of Information Act 2000• An FoI request:• Can be made by any individual, anywhere in the world• Does not have to explain why the request for information has

been made

Freedom of Information Act 2000• Public authorities can:• Refuse to fulfil requests if deemed 'vexatious'

Freedom of Information Act 2000• Public authorities can:• Refuse to fulfil requests if deemed 'vexatious'• Refuse to fulfil requests on account of expense

Freedom of Information Act 2000• Public authorities can:• Refuse to fulfil requests if deemed 'vexatious'• Refuse to fulfil requests on account of expense• Impose a fee

Freedom of Information Act 2000• Individuals can make an appeal to the Information

Commissioner's Office, which overseas FoI• The Information Commissioner is an independent official who

is appointed by the Crown• According to the Information Commissioner's Office academics

are the least likely to complain about the FoI process


• Why should academic researchers use FoI?


• Why should academic researchers use FoI?• To obtain information not available from open sources


• Why should academic researchers use FoI?• To obtain information not available from open sources• To obtain official government material in advance of the 30 Year

Rule (soon to be the 20 Year Rule), which guides the orderly release of documents


• Why should academic researchers use FoI?• To obtain information not available from open sources• To obtain official government material in advance of the 30 Year

Rule (soon to be the 20 Year Rule), which guides the orderly release of documents

• To obtain material from sources not previously covered

Freedom of Information Act 2000• It recommended that an FoI request from an academic should:• Indicate the purpose of the study

Freedom of Information Act 2000• It recommended that an FoI request from an academic should:• Indicate the purpose of the study• Email using a university email account

Freedom of Information Act 2000• The National Archive's records• Check website for how to make an FoI request

Freedom of Information Act 2000• Nearly all public authorities have webpages that give

instructions to whom an FoI request should be directed• If this information is not obviously available, make request to

individual most likely dealing with FoI

Freedom of Information Act 2000• An FoI request MUST:• Be made in writing – includes email

Freedom of Information Act 2000• An FoI request MUST:• Be made in writing – includes email• Be as specific as possible

• Requests may be refused if too broad• Describe what kind of information wanted:• E.g., minutes, correspondences, etc.

Freedom of Information Act 2000• An FoI request MUST:• Be made in writing – includes email• Be as specific as possible

• Requests may be refused if too broad• Describe what kind of information wanted:• E.g., minutes, correspondences, etc.

• An FoI request CAN• Ask for help in framing the request

Freedom of Information Act 2000• It recommended that an FoI request from an academic should:• Indicate the purpose of the study

Freedom of Information Act 2000• It recommended that an FoI request from an academic should:• Indicate the purpose of the study• Indicate the broad outlines of study

Freedom of Information Act 2000• Strategies for academic requests – 1:• Clearly identify the parameters of your research

Freedom of Information Act 2000• Strategies for academic requests – 1:• Clearly identify the parameters of your research• Have a plan how to space out FoI requests

Freedom of Information Act 2000• Strategies for academic requests – 1:• Clearly identify the parameters of your research• Have a plan how to space out FoI requests• Have a plan to develop further FoI requests once you have

received your first batch of released material

Freedom of Information Act 2000• Strategies for academic requests – 2:• Form relationship with person dealing with request

Freedom of Information Act 2000• Strategies for academic requests – 2:• Form relationship with person dealing with request• Expect delays – make request as soon as possible

Freedom of Information Act 2000• Strategies for academic requests – 2:• Form relationship with person dealing with request• Expect delays – make request as soon as possible• Ask for file structure or list of files available to get a sense of what

is available

Freedom of Information Act 2000• Strategies for academic requests – 2:• Form relationship with person dealing with request• Expect delays – make request as soon as possible• Ask for file structure or list of files available to get a sense of what

is available• Use oral interviews to refine FoI requests

Freedom of Information Act 2000• Issues• Citation

Freedom of Information Act 2000• Issues• Citation• Checkability

Freedom of Information Act 2000• Issues• Citation• Checkability• Place of the records obtained in broader archival context

Freedom of Information Act 2000• Issues• Citation• Checkability• Place of the records obtained in broader archival context• Longterm preservation of records & integrity of records

Dr M. D. [email protected]

Director, Witness Seminar ProgrammeCentre for Contemporary British History at King's College London

Institute for Contemporary History

Education

The UK Freedom of Information Act – A Practical Guide for Academic Researchers' (Dr. Michael Kandiah)