Freedom of information

It has been a challenging year in the world of freedom of information, with failed attempts to exempt MPs from its ambit and revise the fees regulations. The Act is here to stay and it looks like it is about to dig even deeper.

Wragge & Co's IT specialists reported on a Ministry of Justice consultation to extend the definition of "public authority" into the private sector. It seems likely that this will go ahead. Decisions by the Information Commissioner and Tribunal have seen the Government required to disclose information including legal advice from the run-up to the Iraq war and details of MPs' expenses. But freedom of information doesn't need to be a minefield.

Remember:

• Information must be recorded to fall under the Act. You don't need to create information, and it doesn't cover what is in your head!
• The exemptions are complex and the public interest test hard to apply. Don't rely on them when creating information.
• If you don't hold the information, you can't disclose it. So:
  • if possible, don't record information which shouldn't be disclosed
  • only collect the information you need
  • never destroy information which is the subject of a request (it's a criminal offence), but apply appropriate document destruction systematically
• Don't let the Act get in the way. If you would have provided information before the Act, don't consider exemptions now.
• You can use the Act as well! If it is extended to the private sector, consider when making a request may be to your benefit.