Freedom of Information Act 2000

The Freedom of Information Act 2000 is a journalist’s best friend, and a politician’s worst nightmare. Okay so maybe not all politicians but still, I suggest the majority should probably stop reading this and go retreat to their den with a cuppa and a biccy, it will only cause upset.

This is the ultimate treasure hunt for journalist’s, you know the gold is out there, you just need to work out how to get to it. You need to know exactly what information it is that you’re after, being specific will only ever work in your favour because your creating less work for the people at the other end.

Now why is this the source of gold I hear you ask? Well if you look back at headlines over the past 9 years you will be surprised just how many are a result of freedom of information requests. I say 9 years because although the act is dated 2000 it didn’t actually come into full effect until 2005 under labour government- boy did Blair regret that one! Think I’m joking? Go have a read of his memoirs – “Freedom of Information. Three harmless words. I look at those words as I write them, and feel like shaking my head till it drops off my shoulders. You idiot. You naive, foolish, irresponsible nincompoop. There is really no description of stupidity, no matter how vivid, that is adequate. I quake at the imbecility of it.”

Under the Freedom of Information Act 2000 any person, whether you’re Tom, Dick, or Harry, can request and receive information from a public body. This doesn’t only apply to public files, but also information on video, tape and that which is held electronically. When you request an FOI you do not have to state you’re a journalist, in fact it would probably be more of a hindrance than a help if you did choose to tell them. You don’t even have to give them your real name- whoever you are is entirely irrelevant.

The government allows this act because it gives them legitimacy and accountability, it’s all about give and take, they expect certain behaviours from us as a public and in turn we get access to information. Tony Blair originally supported FOI (boy how things change) stating “unnecessary secrecy in government leads to arrogance in government and defective policy decisions”.

The basic principle of FOI is “any person making a request for information to a public authority is entitled to have that information communicated to him”. However, as with everything, there are exceptions.

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 20 working days, either supplying the information or explaining why it cannot be supplied.

Reasons why they may say no:

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) information is reasonably accessible via other means
2) information is relating to bodies dealing with security matters
3) court records
4) personal information
5)information given to the public authority in confidence by another party
6)information which is forbidden to be disclosed by other law (e.g. Data Protection Act)

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.

There is a difference between what is in the public interest and what is in the interest of the public, for example “how many NHS nurses have criminal convictions?” would be in the public interest, but “how many NHS nurses are divorced?” is merely interesting to the public.

Natural disasters are the other big players in the journalism world, but even they can run thin, let’s face it, there is only so much flooding and journalists in wellies that the public can take.