Improving your response to FOI requests

Last week, the ICO published a director’s update, focusing on the Freedom of Information Act. The number of complaints received from the public have increased significantly, with the ICO receiving 8,000 complaints this year, the highest number on record.  

For many organisations, the Freedom of Information Act sits side by side with the Data Protection Act. Just like Subject Access Requests, responding to an FOI request requires time and expertise.  

With the number of requests and complaints increasing, we thought it would be useful to provide a quick recap on Freedom of Information basics. 

What is the Freedom of Information Act? 

Passed in 2000, the Freedom of information Act makes it possible for individuals to request information from public bodies, such as the Houses of Parliament, Government Departments, the NHS and Local Authorities. When a public body receives a request, they must provide the information, unless there is a valid reason to withhold that data.  

Public bodies are also required to proactively make certain information available and easily accessible to the public.  

Does the Freedom of Information Act affect my organisation? 

The Freedom of Information Act applies to public bodies. This means that most private companies and organisations are not affected by the act. However, the definition of public body is wider than you might think. For instance, schools, colleges, and universities are considered public bodies. 

Additionally, if you work with a public body, such as a school, or a local authority, some of the information you hold for them may be in scope of the Freedom of Information Act. While it is up to the public body you work with to manage this, it’s useful to be aware of the legislation, so you can support your customers with answering requests. 

How does a Freedom of Information Request work? 

If your organisation is considered a public body, you may get a request under the Freedom of Information Act. You have 20 working days to answer this request. This usually works out at around 4 weeks.  

During those 4 weeks, you’ll first need to assess whether the request is in scope of the Freedom of Information Act. You’ll then need to locate the information and consider whether any information needs to be redacted or withheld, in line with the exemptions in the legislation. You’ll also need to consider whether the request exceeds the cost-limit outlined in the act.  

Once this is all complete, you’ll need to provide the information to the requester. With so many steps, it can be incredibly difficult to respond to a request in time, but missing deadlines or failing to provide information can lead to a complaint.  

What if we receive a complaint? 

With the number of complaints clearly rising, public bodies need to be prepared to receive a complaint, either directly from the individual, or via the ICO. This means being ready to complete an internal review. Should an internal review be requested, you’ll need to consider how the request was handled, and whether the initial response should be upheld. This should be completed in writing. You’ll need to complete this within 40 working days, and provide a response to the complainant in that time.  

It’s best to find someone uninvolved with the initial request to complete this review, to provide an objective view on your organisation’s actions, and avoid any concerns about conflict of interest.  

Struggling with the Freedom of Information Act? Our experts can offer support. From a one-off consultancy call, to helpdesk service contracts, we can be on hand to help with any requests you receive. 

Click here to get in touch.