What is freedom of information?

Freedom of information is a statutory right of access to recorded information of any age held by public bodies across the UK. This right came into force on 1 January 2005 under the Freedom of Information (Scotland) Act 2002 and the Freedom of Information Act 2000.

Who is directly affected by freedom of information?

Only public bodies specifically listed or referred to in the Freedom of Information (Scotland) Act 2002 and the Freedom of Information Act 2000. These include:

• Central and local government
• Executive agencies and non-departmental public bodies
• National Health Service
• Police
• Colleges and universities
• Companies wholly owned by these public authorities

Does freedom of information only affect public bodies?

No. It affects lots of other bodies too, including private businesses. This is because any recorded information held by a public body can be requested under the legislation. The information does not need to be written by, or relate to, the public body. So, recorded information relating to a private business and held by a public body may be released under freedom of information.

Does this mean that a public body must release any recorded information that is requested?

No. There are certain exemptions and exclusions contained within the legislation that enable public bodies to withhold certain sensitive information, including:

• Information passed in confidence to the public body
• Commercially sensitive information
• Personal information

What types of information have commonly been requested under freedom of information?

• Policy documents
• Tenders
• Contracts and agreements
• General correspondence (including emails)
• Licence applications and other regulatory information

What steps can private businesses take in relation to sensitive information that they pass to the public body?

• Agree upfront what information or documents should be regarded as confidential
• Put procedures in place for the public body to inform them when a request for sensitive information is received
  
• Put procedures in place to ensure they are able to make proper representations to the public body in sufficient time
• Decide how information dated pre 1 January 2005 should be treated

Freedom of Information Services

If you're a private business or a public body Shepherd and Wedderburn's public law group can help you deal efficiently and effectively with freedom of information.

We can:

• Advise on all aspects of freedom of information
  • Review confidentiality and disclosure clauses
  • Revise tender and contract wording
  • Help with the application of exemptions
  • Assist in any reviews or appeals
  
  
• Deliver bespoke freedom of information training
  • For freedom of information action officers
  • For decision-makers
  • For management
  • For all staff
  
  
• Audit your FOI processes
  • Examine internal processing
  • Review which bodies hold information about which businesses
  • Assess contracts entered into between businesses and public bodies
  • Advise on FOI best practice and procedures

For more information please contact Alison White.