The Freedom of Information Act 2000 gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right and places a number of obligations on public authorities. Any person who makes a request to a public authority for information must be informed whether the public authority holds that information and, subject to exemptions, will supply that information.

Individuals already have the right of access to information about themselves under the Data Protection Act 1998. As far as public authorities are concerned, the Freedom of Information Act will extend this right to allow public access to all types of information held. This individual right of access to information came into effect on 1st January 2005.

Public authorities will be required to adopt and maintain a Publication Scheme setting out the classes of information it holds, the manner in which it intends to publish the information, and whether a charge will be made for the information. The purpose of a Publication Scheme is to ensure that a significant amount of information is made available, without the need for a specific request. Schemes are intended to encourage organisations to publish more information pro-actively and to develop a greater culture of openness. The Police Service is required to have an approved Publication Scheme in place by 30th June 2003.

The Act will be enforced by the Information Commissioner (the “Commissioner”), a post that combines regulation of both the Freedom of Information and Data Protection Acts.

Types of Information

Individuals already have the right of access to information about themselves ('personal data') which is held on computer and in some paper files under the Data Protection Act 1998. As far as public authorities are concerned, The Freedom of Information Act will extend this right and will allow access to all the types of information held, whether personal or non-personal.

This right came into effect on 1st January 2005.

The Act does, however, set out some exemptions to this right and it also places a number of obligations on public authorities about the way in which they provide information. Subject to the exemptions, anyone making a request has the right to be told whether information exists and the right to receive the information. A response must be provided within 20 working days.

There is also a duty on public authorities to provide advice or assistance to anyone seeking information (for example in order to explain what is readily available or to clarify what is wanted).