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Freedom of Information

This document was written, and licensed for publication by MDA

The Freedom of Information Act aims to achieve greater openness in the public service. It provides rights for those requesting information from public sector organisations. According to the DirectGov website, the main features of the Act are:

  • a right of wide general access to information, subject to clearly defined exemptions and conditions
  • a requirement to consider discretionary disclosure in the public interest even when an exemption applies
  • a duty to publish information
  • powers of enforcement through an independent Information Commissioner and an Information Tribunal

DirectGov website guide to FOI, April 2006

To whom does the Act apply?

The Freedom of Information Act applies to bodies classed as 'public authorities' in England, Wales and Northern Ireland. Organisations in Scotland are covered by separate legislation. Broadly, this means organisations in receipt of a significant proportion of their funs from Central or Local Government. The Department for Constitutional Affairs DCA) lists the following types of organisation:

  • Central and Local Government
  • The health sector
  • The police and armed forces
  • The education sector
  • Other Public Bodies in England, Wales and Northern Ireland (Scotland is covered by its own Act)  

Many organisations are explicitly named in the Act. Use the online guide from the DCA to find out whether your organisation is listed.

What does it mean for organisations with collections?

Statutory organisations, or those in receipt of funds from Central or Local Government are subject to the Act, which means that they are required to make the information they hold available on request, subject to certain exceptions. For most of these organisations, the Act also requires the maintenance of a 'Publication Scheme' - essentially a list of the information they make freely available without the need for a special request.

It is worth noting that if your organisation is a charity, it is highly unlikely that you will be covered by the Act. This is because, to be included, an organisation 'must be set up by the Crown, statute, a government department, the National Assembly for Wales, or a minister'. Most charities have been established as private organisations and hence will not be included.

What if it doesn't apply to me?

Freedom of Information is really two things. On one hand, it is a set of laws which require certain types of organisation to provide greater access to their information. On the other, it also stands for the principle that publicly-funded organisations should be more transparent about what they are doing with public investment, and that people in general should have a greater right of access to information.

Even if your organisation is not directly covered by the requirements of the Freedom of Information Act, it still represents good practice in delivering services to users and you should consider implementing some of the requirements, in particular the maintenance of a Publication Scheme.

What do I do if it does apply to me?

If the Act applies to you already, it is likely that you will be aware of this, and measures will have been put in place to meet your obligations. If this is not the case, the Department for Constitutional Affairs provides a toolkit which helps organisations plan for and meet thei statutory obligations.

Guidance for Archival Holdings and Places of Deposit

The National Archives have considerable expertise in assessing the Freedom of Information implications of records, manuscripts and other forms of archival holding. They provide three excellent Guides:

  • Guidance on assessing whether deposited private archive collections are covered by the Freedom of Information Act 2000
  • Download in PDF format pdf logo