Freedom of Information Factfile - Freedom of Information Act 2000
The Freedom of Information Act 2000 (FOIA) came into force in January 2005. It gives anyone, regardless of age, nationality or location the right to request information from public authorities including central government, local authorities, schools, police and the NHS.
The act was passed in November 2000, and replaces the Open Government Code of Practice and the NHS Code of Openness, in place since 1994.
The act is intended to promote a culture of greater openness and accountability among public sector bodies and facilitate better public understanding of how public authorities carry out their duties, why they make the decisions they do and how they spend public money.
Many countries already have this type of legislation in place and evidence shows that making more information publicly available leads to, better internal communication, stakeholder involvement, policy and decision-making, record keeping, public understanding and trust. It also leads to fewer appeals saving costs, more informed media and more informed resistance to new proposals.
The Data Protection Act 1998 applies to individuals who want to obtain information about themselves. If the information the individual is looking for does not relate to them, then the FOIA 2000 applies. This act gives a general right of access to recorded information held by public authorities, including NHS bodies.
By October 2003 all NHS organisations were required to publish publication schemes, approved by the Information Commissioner. A publication scheme is a guide to the types of information that the organisation routinely publishes or intends to publish, the format it is available in and how much it will cost if there are any charges. The information is presented in broad categories, broken down into classes.
The Department of Health has its own publication scheme that has been approved by the Information Commissioner and ensures it meets the act’s requirements. This scheme applies to Department of Health information. Local bodies are required to produce their own schemes that cover their information and are their responsibility.
There are two routes to accessing information via the act. Information can be accessed from the NHS via its approved publication scheme. However, if the information is not included in the publication scheme, a separate request can be made to the relevant body from January, when the general right of access comes in to force.
Requests must be made in writing and contain the name and address of the applicant. A response must be sent within 20 days. The act allows access to information regardless of when it was created or how long it has been held.
Some of the information requested might contain exempt material that does not have to be provided. There are 23 exemptions from the general rights of access, for example certain information relating to national security that would prejudice international relations, commercially sensitive or confidential information. The majority of the exemptions are subject to a public interest that must be taken into account before an exemption is applied.
NHS organisations have a statutory duty to implement the act, which will be enforced by the Information Commissioner. Chief executives are accountable for ensuring implementation in their organisations.
Under the act there are two codes of practice to help public authorities to meet their new responsibilities. The first deals with how to handle requests for information, the complaints procedure and the impact of the act on public sector contracts. The second deals with records management. One of the key factors in ensuring the successful implementation of the act is to ensure good records management.
All public authorities, including NHS organisations, have a duty to provide advice or help to people who have made a request or are thinking of doing so.
If the applicant is not happy with the response they receive they should generally first complain to the organisation. They can complain direct to the Information Commissioner but he will normally refer them back to the organisation before deciding whether the request has been handled properly.
The Department of Health freedom of information publication scheme is
at www.dh.gov.uk/publicationsandstatistics/freedomofinformation/
More information and implementation support materials are at www.dca.gov.uk/foi/index.htm