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

DR M. D. KANDIAH Director of the Witness Seminar Programme Centre for Contemporary British History at King's College London Institute for Contemporary History

Freedom of Information Act 2000 Established a public 'Right to Know'

Freedom of Information Act 2000 Established a public 'Right to Know' Came fully into force on 1 January 2005

Freedom of Information Act 2000 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

Freedom of Information Act 2000 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

Freedom of Information Act 2000 Related legislation (which also came into force on 1 January 2005) Freedom of Information (Scotland) Act 2005

Freedom of Information Act 2000 Related legislation (which also came into force on 1 January 2005) Freedom of Information (Scotland) Act 2005 Environmental Information Regulation 2004

Freedom of Information Act 2000 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

Freedom of Information Act 2000 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

Freedom of Information Act 2000 Which bodies are covered: Central government departments & agencies & local authorities

Freedom of Information Act 2000 Which bodies are covered: Central government departments & agencies & local authorities NHS bodies (including GPs, etc.)

Freedom of Information Act 2000 Which bodies are covered: Central government departments & agencies & local authorities NHS bodies (including GPs, etc.) Schools, colleges & universities

Freedom of Information Act 2000 Which bodies are covered: Central government departments & agencies & local authorities NHS bodies (including GPs, etc.) Schools, colleges & universities Police & the Armed Forces

Freedom of Information Act 2000 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

Freedom of Information Act 2000 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

Freedom of Information Act 2000 Exceptions: Absolute Exemptions

Freedom of Information Act 2000 Exceptions: Absolute Exemptions Qualified Exemptions – determined by the 'Public Interest Test'

Freedom of Information Act 2000 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

Freedom of Information Act 2000 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

Freedom of Information Act 2000 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

Freedom of Information Act 2000 Why should academic researchers use FoI?

Freedom of Information Act 2000 Why should academic researchers use FoI? To obtain information not available from open sources

Freedom of Information Act 2000 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

Freedom of Information Act 2000 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 using a university 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

Freedom of Information Act 2000 An FoI request MUST: Be made in writing – includes 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 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. Kandiah Director, Witness Seminar Programme Centre for Contemporary British History at King's College London Institute for Contemporary History