Freedom of Information Act 2000
Background
The Freedom of Information (FOI) Act 2000 received Royal Assent on 30 November 2000.
Scope of the Act
Implementation
The Act has to be fully implemented across the public sector by 30 November 2005 and the Lord Chancellor (whose Department has lead responsibility for the Act) announced on 13 November 2001 how this will be achieved. For London Metropolitan University the relevant parts of the implementation timetable are as follows:
- By 31 December 2003 we must bring into effect a Publication Scheme
- By 29 February 2004 to have in place a Publication Scheme
- By January 2005 we must - along with all other public authorities - answer requests for information within the terms of the individual right of access (see below) given by the Act.
Right to Information
When the individual right of access is implemented it will apply to all types of recorded information held by public authorities regardless of the date of the information. The Act does, however, set out some exemptions to this right. 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 must be informed whether the public authority holds the information and, if so, be supplied with it - generally within 20 working days. There is also a duty 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).
Publication Schemes
The Act requires each public authority to adopt and maintain a Publication Scheme. The purpose of Publication Schemes is to specify the classes of information that the authority publishes or intends to publish; the form in which this is or will be done; and whether there is any charge for the information. Each scheme must be approved by the Information Commissioner (see below).
Charging
There is no obligation for a public authority to provide information if the estimated cost of doing so would exceed an 'appropriate limit'. This limit will be set in secondary legislation sponsored by the Lord Chancellor's Department. In general, London Metropolitan University does not intend to charge for the information included in its Publication Scheme that is directly accessible through its website.
Right to Appeal
In any case where a request for information under the individual right of access is denied, it may be possible to appeal against the decision. In the first instance we would want any such appeals to be referred for in-house review by London Metropolitan University, but there will also be a right of appeal to the Information Commissioner (see below).
Information Commissioner
Responsibility for overseeing the operation of the Act rests with the Information Commissioner who is an independent public official responsible directly to Parliament. As well as approving Publication Schemes and promoting compliance with the Act, the Commissioner has powers of enforcement.
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