Freedom of Information: Introduction
FOI Links
What is Freedom of Information?
The intention behind the Freedom of Information Act 2000 is to improve the public understanding of the operation, decision-making and expenditure of public authorities. It intends to promote a culture of openness and accountability. Freedom of Information is sometimes referred to as the “Right to Know”: you have the right to be informed whether a public authority holds particular information; and you may have the right to have that information communicated to you.
The Act is overseen by the Information Commissioner, and came into force in January 2005. It covers all information held, retrospectively, by public authorities. Some types of information relating to the environment may fall under the Environmental Information Regulations 2004.
Requests for information under the Act
- Anyone in the world can apply for information.
- Requests must be in writing which includes email.
- The motive for the request is irrelevant.
- Requests for information do not have to name the Act in the request.
- Requests may be addressed to any individual within the authority.
- Responses must be within 20 working days of receiving the request.
Exemptions
Certain exemptions may apply, when responding to a request under the Act. These are categorised as Absolute, or Qualified. Absolute exemptions mean that an applicant has no legal right of access to the information. Qualified exemptions mean that an exemption may apply, but we must consider whether it is in the public interest to confirm or deny that we hold the information, and whether it is in the public interest to release the information. View a list of the exemptions.
The Public Interest Test
An applicant for information has:
· The right to be informed whether or not the information requested is held by the authority, and if so,
· The right to have that information communicated to him.
These constitute the Right to Know.
There may however be an exemption to the information requested. The public interest will need to be considered where there is an exemption and where that exemption is qualified. This is in order to decide whether the information should, in spite of the exemption, be disclosed. This is the Public Interest Test.
“In the public interest” means something which serves the interests of the public. It could be that it is in the public interest to disclose, or it might be in the public interest to withhold, information. Things which merely interest the public are not necessarily “in the public interest”.
When considering the public interest, items in favour of disclosure are:
· Furthering the understanding of and participation in the public debate of issues of the day.
· Promoting accountability and transparency for decisions taken.
· Promoting accountability and transparency in the spending of public money.
· Allowing individuals and companies to understand decisions made which affect their lives, and challenging those decisions.
· Bringing to light information affecting public health and safety.
The Access Code of Practice (under Section 45 of the Act)
The Code of Practice on access to information recommends that we “provide advice and assistance, so far as it would be reasonable to expect [us] to do so, to persons who propose to make, or have made requests for information to [us].”
It would be “reasonable” to keep the applicant advised of progress on their request; advise a potential applicant of their rights; assist an applicant to focus on their request when they are unclear; or advise an applicant when information is available elsewhere (and where it can be found).
Enforcement
If an applicant is not satisfied with the response he receives from us to a request that he has made, he can make a complaint.
He is able to complain for the following reasons: we haven’t provided the information he requested; we haven’t provided it within the 20 working days timescale, or we have not explained why we have not provided it within that timescale; we haven’t given him proper advice or assistance; we haven’t provided the information in the format requested; we haven’t properly explained our reasons for refusing the request; or we have incorrectly applied an exemption under the Act.
The applicant should firstly complain to us through our review procedure; if he is still not satisfied with our response he can then complain to the Information Commissioner. He should do this within two months of our final response to him.
His complaint will be dealt with by the Case Reception Unit (CRU). They will inform us that they have received a complaint, and they may issue us (and the complainant) with a Decision Notice. This will outline the Information Commissioner’s assessment as to whether we have complied. The Notice may contain the steps that we have to take within a specified time to comply (if we have not done so). We can appeal against a Decision Notice, and so can the complainant.
If we ignore a Decision Notice, the Information Commissioner can make an application to court, which may find that we have committed contempt of court. The punishment could be a fine, or it could even be imprisonment for individuals.
For more information please contact:
Freedom of Information Officer
University of Greenwich
Queen Anne Court
Old Royal Naval College
London SE10 9LS
Email: compliance@greenwich.ac.uk
If you are a student, and have an enquiry about your records, or if you left the university within the last ten years, please contact the Student Records team. This includes requests for duplicate transcripts. If you are a past student beyond ten years ago, please direct enquiries in the first instance to the Conferments Office.
If you want to find out about courses at the university, or you are thinking of applying, or have a question about your application, please contact the Student Enquiries unit.
These pages were last reviewed on 25/07/11