Authorities must supply the information without financial charge as long as it cost them no more than £600 (for national government departments, £450 for local councils) to find and collect it. The act covers around 100,000 major and minor public sector bodies. A public authority must normally respond within twenty working days, either supplying the information or explaining why it cannot be supplied.
Reasons why information would not be supplied:
1) Public Authority doesn’t hold that information
2) Request would exceed the cost limits
3) The information is covered by exemptions under the act, so need not be supplied
Absolute Exemptions:
1) s21 – information is reasonably accessible via other means
2) s23 – information is relating to bodies dealing with security matters
3) s32 – court records
4) s40 - personal information
5) s41 – information given to the public authority in confidence by another party
6) s44 – information which is forbidden to be disclosed by other law
Under the act information may only be withheld if the public interest in withholding it is greater than the public interest in releasing it. The act does not define what is meant by “public interest” but the Information Commissioner listed a few of the many factors which should encourage public authorities to disclose information:
*Furthering understanding and participation in the public debate of issues of the day
*To promote accountability and transparency by public authorities for decisions taken by them
*To promote accountability and transparency in the spending of public money
*To bring to light information affecting public health and safety
*Allowing companies and individuals to understand the decisions made my public authorities affecting their lives.
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