Your Right to Know

Public openness is in the air, with the introduction, on 1st January, of the Freedom of Information Act 2005. Individuals now have a right to obtain information about ‘public authorities’ in England, Wales and Northern Ireland (information about oneself, held by public bodies, was previously available under the Data Protection Act).

These include organisations such as local authorities, the police, the NHS and publicly-owned companies. Almost any specific information, held by the public authority concerned, may be requested, except private or sensitive information about other individuals. Public authorities will, not surprisingly, have the right to withhold certain ‘exempt’ information. This either falls into a statutorily prescribed category (e.g. information about the Intelligence Services) or is ‘discretionary’ - information of a kind where the public interest would not be served in disclosing the same.

Time will tell whether these exemptions (particularly those considered to be of a discretionary nature) will be fairly claimed. If the information required is not in the relevant authority’s Publication Scheme (its Guide to information available), a detailed request must be made in writing, stating the applicant’s name and address. Specific reference to the Act is not necessary.

The authority will generally have twenty days in which to respond, and may charge a fee for supplying the information. If it decides against supply, an explanation for doing so must be provided. There is a right of appeal against such a decision. The Act is likely to affect over one hundred thousand public bodies, many of which appear to be ill-prepared for the anticipated demand.