Freedom of Information FAQs

Q1. What does the Act do?

The Act grants to the public the right to have access to recorded information that is held by or on behalf of a public authority. While there are a number of exemptions to the general rule this means that public authorities now have to grant access to almost all of the information they hold. This doesn't just apply to newly created information; the public can request copies of records from hundreds of years ago.

Q2. What is an Information Request?

Members of the public can submit a request to your organisation asking to see records that you hold and you are obliged to respond within 20 days. Organisations have no right to ask the purpose of the request, and the requestor can have absolutely no connection whatsoever to the information they want to see.

Q3. What is a Publication Scheme?

This is a guide to the information an organisation regularly makes available to the public, as well as details of the format the data is held in and any charges for obtaining the data. Items in publication schemes can be obtained without making an information request and consequently the more records that are made available through the publication scheme the lower the exposure to FOI requests. The scheme should be available to the public on the authority's website and in hard copy on request. It is important to remember that the actual publication scheme and any documents it may link to will need to be managed and curated, especially if they are available online.

Q4. How does the Act affect data curation?

The Act applies in the same way to both paper and electronic records, and the very fact that any recorded information can be requested (see below for what sort of information this can be) means that all applicable data has to be stored and retrieved effectively. Organisation and retrieval may be relatively easy in the paper environment, but given that most records are now digital, an authority's ability to comply with FOI legislation is facilitated by effective electronic records management. In some cases the Act has forced public authorities to tackle the question of longevity of data, and to allocate funds to support curation activities. Organisations have to be aware exactly what information they are keeping and information will need to be appropriately indexed in order to facilitate easy retrieval on a certain topic. As a result of the Act, digital records that are not disposed of — preferably in accordance with a retention/disposal schedule — have to be accessible over the long-term for the public to view, and this is a challenge that even the most expert digital curators are still tackling.

Q5. What sort of information might be requested?

FOI applies to a vast range of information within your authority. All recorded information is potentially covered. Legitimately requested records may include digital documents such as annual reports, minutes of meetings, financial information or employment policies; paper records; e-mails; audio or video recordings; photographs or even short handwritten notes.

Q6. I'm a Data Creator; how will FOI specifically affect me?

As a data creator you should think about FOI obligations from the point of creation of a record. Look at what records you create and if they are likely to be applicable under the FOI Act. If any of them are, then you should analyse your records management processes and ensure that you have the correct procedures in place to support the life-cycle of your digital records. Look at what information the public might request [see above] and put together a schema for published material. Even if you think some particular data would come under an exemption, you should record that in the records management process so that a request can be managed more easily.

Q7. I'm a Data Curator; how will FOI specifically affect me?

If you are a curator in the public sector, then it is likely that you will have to respond to information requests. You will be in a very difficult position if any of the requested data you hold becomes corrupt and/or unreadable, so it is entirely in your interest to ensure that the data you hold is readable over the long-term. You should consider making agreements with the data creators who supply you with the information as to what file format the information is delivered in. Records management skills are crucial to an organisation's ability to comply with FOI obligations. Many records managers in fact now find themselves in the position of being the FOI officer. The burden of FOI requests will also be reduced if you have an adequate disposal policy. Records can be disposed of, but only legitimately; remember that destruction of records to prevent disclosure is a criminal offence.

Q8. I'm a Data Re-user; how will FOI specifically affect me?

You should be aware of the Act if you are in the business of re-using data for professional purposes; for example perhaps you are using research data for learning or teaching, creating repositories of e-learning objects, or using commercial data for research. As a data re-user you will be able to obtain much information that wasn't available before the Act came into effect, and you should be aware of how to make requests to public authorities for information. Another point to bear in mind is that, if you are part of a public authority yourself, once you have received a copy of a record, your authority now also holds that record and in turn may be obliged to make it available to the public.

Q9. Will non-public sector organisations be affected?

Yes, they may well be affected. Many private sector organisations have dealings with public authorities through contracts, trading, procurement decisions, and so on. It may be the case that these dealings will be open to the public and your competitors, although there are a few narrow exemptions for trade secrets and commercial interests. The private sector will not be affected as significantly as the public sector, but it is worth bearing the Act in mind if interacting with public authorities.

N.B. Rival companies can also request information anonymously about your company and you will never know that they asked

Q10. How does FOI tie-in with the Data Protection Act?

These two areas of legislation overlap when there is a request for personal information about living individuals. Where this conflict arises rights to privacy should not be compromised. The FOI Act exempts most personal data from the FOI regime. The Act also amends the Data Protection Act to improve the subject's right of access to personal data held by public authorities.

Q11. Where can I get more information on FOI?

• A series of awareness guidance notes [external] produced by Information Commissioner.
• The Department for Constitutional Affairs Freedom of Information [external].
• Campaign for Freedom of Information [external].
• The National Archives Freedom of Information [external].
• The Joint Information Systems Committee (JISC) Freedom of Information [external].
• Open Government: A Journal on Freedom of Information [external] — publishing research and communications related to FOI legislation from the perspective of academics, practitioners and FOI users.

For further information on this topic please contact the DCC helpdesk on 0131 651 1239 or e-mail info@dcc.ac.uk.

Q12. Where can I look to get help on Electronic Records Management (ERM)?

Much ERM is contingent on existing records management that you might have in your organisation for paper records. If you have no such systems in place, then a degree of institutional change is required in order to implement ERM.

The UK National Archives [external] have a set of resources to assist records management practices.

ERM also includes a fair amount of data curation; look elsewhere on our website for links to resources!