Freedom of Information in the UK

The book is a comprehensive guide to the law of freedom of Information in the United Kingdom. It provides detailed coverage of all four of the UK access to information regimes: the Freedom of Information Act 2000, the Freedom of Information (Scotland) Act 2002, the Environmental Information Regulations 2004 and the Environmental Information (Scotland) Regulations 2004, and includes up-to-date copies of the legislation in the Appendices.

There have been rapid developments in the law of freedom of information since it first came into effect on 1 January 2005, and thanks in part to a torrent of decisions on the part of the two Commissioners and also by the tribunals and higher courts since then, the law has reached a relatively mature stage with remarkable speed.

These developments are examined in this book, and in particular the extensive changes introduced by the Data Protection Act 2018 as a consequence of the implementation of the GDPR are also fully covered.

• Presents a detailed guide to the freedom of information regime in the UK
• Contains narrative commentary on the key legislation
• Defines key terms like ‘information’ and ‘public authority’ as per the legislation and its judicial interpretation, including key decisions like Fish Legal
• Covers how to make a request under the access regime, and the obligations of a public authority receiving a request, and how costs associated with requests are apportioned
• Considers how to refuse requests, including all relevant requirements, timelines, content, and availability notices on the ICO site
• Analyses vexatious requests, through fast-developing case law and through the guidance of the Information Commissioner’s office
• Explains the detailed operation of each of the exemptions in Part 2 of FOIA (as interpreted and applied in tribunals and other decisions) in specific areas of practice, such as procurement, education, privilege, personal data, health and social services
• Discusses key case law around each exemption and explains how each of them operates in practice • Details the exemptions relating to defence and security, particularly those applying to national security, as well as the operation of the ministerial veto
• Explains the criminal law consequences of the FOI regimes including investigations, enforcement and regulation
• Looks at the role of the Information Commissioner (and the Scottish Information Commissioner) and its function under FOIA and EIR, including practice recommendations, complaints, information and enforcement notices
• Goes through the appeal and tribunal processes, as well as other access routes beyond the FOIA, FOIA and environmental regulations, such as public registers, DPA and medical records, and government commitments to open data and transparency
• Takes into account the provisions and obligations relating to the management of records by public authorities such as the National Archive and the new Scottish Public Records legislation
• Reviews relevant Freedom of Information approaches in other jurisdictions, including the EU, US and Commonwealth countries