What Information Can I Access Under the Freedom of Information Act 2000?
The Freedom of Information Act (FoIA) 2000 came fully into force on 1st January 2005, and gives individuals a statutory right to information held by public authorities. This can be information held in paper files, on microfiche, on computer or on ant other information storing system.
The public's right to access is subject to a number of statutory exemptions, some of which are absolute, and some of which are qualified. In the case of qualified exemptions a "public interest" test will be applied in determining whether disclosure of information is appropriate. What this means in practice is that you may not a right to all the information held by a public authority. It is important not to confused the Freedom of Informations Act with the Data Protection Act.
The Freedom of Information Act creates a statutory right to information held by public authorities. The duties imposed on public authorities are:-
- a duty to 'confirm or deny' that it the information exists
- a duty to communicate information.
The right of access to information is a right that is applicable to everybody, and not merely those who have an interest in the information. This right applies to all information held by a public authority.
The Freedom of Information Act does not provide the right of access to personal information about yourself. Personal information can be obtained, subject to some limitations, under the Data Protection Act 1998. It is however a very useful mechanism for obtaining information about how public bodies carry out their functions, make decisions, and what their policies and procedures are.
Further details about the Act and the responsibilities of public bodies are available here and here
Information about how to access information held by HMP's is available here