Law Recap Lecture Five:

Freedom of Information:

Handling information

-    Data protection - information kept safes and private and only used for the purpose in which they requested the information. Eg. Companies with your address. It would not be given out to members of the public. A barrier of information. You can only request data protection documents of yourself.

-    Official Secrets Act - detailed plans and sensitive information. Usually crucial to the defence of this country.

-    Confidentiality - agreement between two people. Medical researchers want to analyse peoples records to see if they can cure diseases by analysing large groups. But this info is confidential. People don't want their records known but this could happen if people become anonymous.

Most law is about limited information - FoI has a purpose of releasing information. Why? So that the government aren't accountable which makes them appear legitimate. We can find information.

-   FoI was enforce in 2005. Civil servants hate it.

-    Any citizen can out in a request for information from a public bodies.

-    Only 12% of journalist make foi requests.

-    Tony Blair, in the new labour manifesto gave points in favour because of the public interest. But then regretted that decision because over his time in parliament information which put his decisions and policy in a bad light was available. Not just the problems the last government made!   

The basic principle of FoI - any person can make a request for information. It may not be excepted if there is a valid reason. A request can be made through an email, it's free.

They say no because it's too expensive! If it costs more than £600 they can refuse.

- Or if it's exempt - Absolute exemption (security service or court records) or Qualified exemption (commercial confidentiality)

-    information is covered by a qualified exemption you should still be given it in the balance of the public interest favours disclosure.

-    Public interest - in the public interest, not merely interesting tone public.

-    Defined by common law.

-    Qualified exemption has 23 possible exemptions.

How long does it take? 20 working days. They must respond promptly. Or 40 days if they need to decide if it's in the public interest.

If they say no:

Internal review.

Information commissioner

Information tribunal

High court

Example - expenses scandal heather Brooke's.

The government is considering adding more limts to the FOI act:

Government wants to limit groups it individuals making too many requests there they become to burdensome.

Lower limits on costs, leading to more requests being refuse.

Include other factors - such as time taken to release the info or not - into the cost calculations.

Press organisations and freedom of speech campaigners have been very critical of the plans. Attack on journalists!!