Freedom of Information: 4,000 requests in first month

By now, the first of these requests should have been fulfilled, given that authorities have a maximum 20 working days in which to respond.

The new guide, "Your right to know: how to complain", gives details on the complaints procedure, the information needed by the Information Commissioner's Office (ICO) and the powers given to the ICO to obtain the information requested.

"Our job is to be the independent referee if a request for information has been turned down," said Graham Smith, Deputy Information Commissioner. "We will investigate your complaint and if we decide an authority has not given you information that you are entitled to, we will use our powers to instruct it to do so. We will be responsible in our approach, recognising that greater openness should strengthen, not undermine, effective government."

Background

The Freedom of Information Act came into full effect on 1st January, giving individuals for the first time the statutory right to see a massive amount of information held by Government departments and thousands of public bodies.

People now have a right to information on the way decisions are made, and public money is spent, by more than 100,000 public authorities, including Government departments, schools, NHS Trusts, police forces and local authorities.

Under the Act, anyone, of any nationality, and living anywhere in the world, can make a written request for information, and expect a response within 20 working days. The 20 days are calculated from the day after a request is received.

Public authorities must disclose properly requested information unless an exemption applies. In most cases, even where an exemption applies, they must still disclose information to the public if the public interest in disclosure is greater than the competing public interest in the particular exemption.

The ICO has the power to instruct bodies to disclose information. In practice, this will mean deciding whether exemptions have been properly applied by public bodies and, in most cases, ensuring that the public interest in disclosure is fully considered. A public body risks contempt of court if it ignores a formal Decision issued by the Information Commissioner.

The first month

In its first month of operation the new Freedom of Information regime has garnered over 4,000 requests, the Government announced yesterday.

About half of these have been made by reporters, with most requests (over 600) being made to the National Archives. The Ministry of Defence and the Foreign and Commonwealth Office were also top targets, and typical requests included applications for information about artwork loaned from national collections to Cabinet Ministers' offices and official residences.

The Department for Constitutional Affairs (DCA) received about 144 requests for information in January, 76 of those within the first three days of the act coming into force. Of these early requests 55 have been answered, 19 are on target to be answered within the 20 working days.

In addition, local authorities have released information about a wide range of issues from pension schemes, car park contracts and repairs to council buildings to restaurant hygiene inspection reports and attacks on teachers in schools.

"This is a new era in the relationship between the citizen and the state. After just one month, the Freedom of Information Act has already been seen to make a real impact," said Lord Chancellor Lord Falconer.

"We have sown the seeds of cultural change towards a government at all levels that is more open, transparent and accountable. But we must remember this is not a free for all. There will always be areas - like national security - where it is necessary for information to be withheld to allow government to act effectively," he added.

The ICO Guide is currently unavailable on-line but can be ordered from the ICO by telephone on 08453 091091.