FOIA 2000 Summary

Section 1 creates two linked rights:

• The right to be told whether the authority holds the requested information
• The right to receive that information, subject to exemptions

The request must be in writing, state the requester's name, provide an address for correspondence, and describe the information requested.

Section 8 sets the formal requirements for a valid request. An authority may refuse to process a request that does not meet these requirements. Electronic requests are valid if they meet the criteria.

Authorities must respond:

• Promptly, and
• No later than 20 working days after receipt

The time limit may be extended where a qualified exemption applies and the authority requires additional time to consider the public interest test. The extension must be reasonable in the circumstances.

Where reasonably practicable, authorities must provide information in the format requested, such as electronic copy, paper copy, or inspection. This applies unless an exemption or practical limitation prevents it.

Authorities are not required to comply if the cost of compliance exceeds the statutory limit:

• £600 for central government
• £450 for other public authorities

Authorities may refuse under Section 12 if this threshold is exceeded.

Section 14 allows refusal where a request is vexatious, or repeated and substantially similar. This provision protects authorities from disproportionate burden and must be applied carefully and proportionately.

A. Absolute Exemptions

These do not require a public interest test. Examples include:

• Section 21 – Information accessible by other means
• Section 23 – Information supplied by security bodies
• Section 40 – Personal data (where disclosure would breach data protection law)

B. Qualified Exemptions

These require a public interest test. Examples include:

• Section 22 – Information intended for future publication
• Section 31 – Law enforcement
• Section 35 – Formulation of government policy
• Section 36 – Prejudice to effective conduct of public affairs
• Section 43 – Commercial interests

Authorities must consider whether the public interest in disclosure outweighs the public interest in maintaining the exemption.

If refusing a request, the authority must issue a refusal notice within the time limit. The notice must:

• State the exemption relied upon
• Explain why it applies
• Provide public interest reasoning where required

Failure to issue a compliant refusal notice may breach the Act.

Although not set out in detail within the Act itself, authorities are expected to provide an internal review process.

If dissatisfied, the requester may complain to the Information Commissioner's Office. The ICO may investigate, issue decision notices, or order disclosure. Further appeals may be made to the First-tier Tribunal.

Under Part IV of the Act, the ICO may issue:

• Information notices
• Decision notices
• Enforcement notices

Failure to comply can lead to court proceedings.

Section 77 makes it a criminal offence to alter, deface, block, erase, or destroy information with the intention of preventing disclosure following a request.

The Freedom of Information Act 2000 applies to England, Wales, and Northern Ireland. Scotland is governed by the Freedom of Information (Scotland) Act 2002.