The Commissioner's Office only began publishing its decisions this month. Of the 14 decisions to date, 11 complaints (or 79%) were upheld, at least in part. These victories do not result in penalties or compensation for complainants; rather, the public authorities are simply told just to provide the information requested.
The Freedom of Information Act (FOIA) came into full effect on 1st January, giving individuals a general right of access to information about 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.
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 Information Commissioner has the task of monitoring and supervising the implementation of the Act. If disagreements arise, which could concern the amount charged, the time taken to respond, or whether an exemption has been properly applied, the Commissioner, Richard Thomas, arbitrates.
He can either support the public authority's decision or ask it to take steps to comply with the legislation. If a public authority fails to comply, the Commissioner can then notify the High Court, which will deal with it as if it had committed a contempt of court.
Lincolnshire's South Holland District Council, for example, was reasonable in asking for £25 to photocopy 296 pages of information, according to the Commissioner. But in another case, the Medicines & Healthcare Products Regulatory Agency erred in providing information outside the time limit – albeit no further steps were requested by the Commissioner.
In fact, of the 14 decisions published, six concern a failure to respond within 20 working days. Of the remainder, two relate to the use of exemptions, two relate to a request for information from the wrong organisation, three to a failure to follow the correct procedure and the other was the photocopying charge.
