United Kingdom
Name of law: Freedom of Information Act
First adopted: 2000
Last modified: n/a
RTI Rating last updated: 2025-08
First adopted: 2000
Last modified: n/a
RTI Rating last updated: 2025-08
Introduction
The United Kingdom has implemented a somewhat robust legal framework as compared to the Western European trend of poor right to information laws, although it remains very average globally. Its best feature is its strong appeals system, which supplements a simple and free of charge internal appeals process with a relatively effective external system through an administrative oversight body. It is also fairly broad in scope has a good system of sanctions and protections. One major weakness, however, is in the law’s regime of exceptions, which of course strikes at the very heart of its systems for transparency.Local Expert: Maurice Frankel
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 2 | 6 |
| 2 | Scope | 20 | 30 |
| 3 | Requesting Procedures | 18 | 30 |
| 4 | Exceptions & Refusal | 10 | 30 |
| 5 | Appeals | 22 | 30 |
| 6 | Sanctions & Protections | 6 | 8 |
| 7 | Promotional Measures | 6 | 16 |
| ∑ = 84 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | Not mentioned | The United Kingdom does not have a written constitution. The Human Rights Act 1998, considered to be quasi-constitutional, makes no reference to the right to information. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 1(1) Any person making a request for information to a public authority is entitled (a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and (b) if that is the case, to have that information communicated to him. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | Not mentioned | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 1(1) Any person making a request for information to a public authority is entitled (a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and (b) if that is the case, to have that information communicated to him. | Expert says: Under UK law the term "person" includes individuals and corporate and unincorporated bodies (Interpretation Act, 1889, now incorporated into the Interpretation Act 1978). So the UK FOI Act's use of the term "person" in fact covers everyone, regardless of citizenship, legal status or country of residence etc. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 8.:"information" (subject to sections 51(8) and 75(2)) means information recorded in any form; | The sections noted extend the definition to unrecorded information for their purposes. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 8.:"information" (subject to sections 51(8) and 75(2)) means information recorded in any form; | In practice, this has been interpreted as applying to both information and records. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 3(1) In this Act “public authority” means— (a) subject to section 4(4), any body which, any other person who, or the holder of any office which— (i) is listed in Schedule 1, or (ii) is designated by order under section 5, or (b) a publicly-owned company as defined by section 6. 23(3) on security bodies. | Some public authorities are specifically excluded, along with the special forces and intelligence agencies. Bodies which are not covered by one of the categories, are set out in a list, which necessarily excludes some bodies controlled by public authorities. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | Partially | 3 | Schedule 1, Part 1. | Both Houses of Parliament are subject to the Act but there are also exclusions. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 1 | Schedule 1, s. 32. | Court information is subject to a broad and absolute exception. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 6(1) A company is a “publicly-owned company” for the purposes of section 3(1)(b) if— (a) it is wholly owned by the Crown, F18... (b) it is wholly owned by the wider public sector, or (c) it is wholly owned by the Crown and the wider public sector. (2) For the purposes of this section— (a) a company is wholly owned by the Crown if, and only if, every member is a person falling within sub-paragraph (i) or (ii)— (i) a Minister of the Crown, government department or company wholly owned by the Crown, or (ii) a person acting on behalf of a Minister of the Crown, government department or company wholly owned by the Crown, (b) a company is wholly owned by the wider public sector if, and only if, every member is a person falling within sub-paragraph (i) or (ii)— (i) a relevant public authority or a company wholly owned by the wider public sector, or (ii) a person acting on behalf of a relevant public authority or of a company wholly owned by the wider public sector, and (c) a company is wholly owned by the Crown and the wider public sector if, and only if, condition A, B or C is met. | This only covers wholly owned companies and not all companies which are controlled. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Schedule 1 | Most oversight bodies, like the House of Lords Appointments Commission, the Parliamentary Ombudsman, Local Government Ombudsman, Information Commissioner, National Audit Office, Audit Commission etc are also covered. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 5(1) The Secretary of State may by order designate as a public authority for the purposes of this Act any person who is neither listed in authorities. Schedule 1 nor capable of being added to that Schedule by an order under section 4(1), but who-- (a) appears to the Secretary of State to exercise functions of a public nature, or (b) is providing under a contract made with a public authority any service whose provision is a function of that authority. (2) An order under this section may designate a specified person or office or persons or offices falling within a specified description. (3) Before making an order under this section, the Secretary of State shall consult every person to whom the order relates, or persons appearing to him to represent such persons. (4) This section has effect subject to section 80. | This article allows the Act to be extended on a case-by-case basis to private bodies with public functions and to contractors providing services on behalf of public authorities, but this has so far not been done. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 8(1) In this Act any reference to a "request for information" is a reference to such a request which-- (a) is in writing, b) states the name of the applicant and an address for correspondence, and (c) describes the information requested. (2) For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request-- (a) is transmitted by electronic means, (b) is received in legible form, and (c) is capable of being used for subsequent reference. | Reasons are not listed among the information to be included in requests, but it would be better if they were explicitly not required. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | Partially | 1 | 8(1) In this Act any reference to a “request for information” is a reference to such a request which— (a) is in writing, (b) states the name of the applicant and an address for correspondence, and (c) describes the information requested. (2) For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request— (a) is transmitted by electronic means, (b) is received in legible form, and (c) is capable of being used for subsequent reference. | Applicants are required to disclose their name in addition to an address for correspondence, resulting in a loss of one point. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 8(1) In this Act any reference to a "request for information" is a reference to such a request which-- (a) is in writing, b) states the name of the applicant and an address for correspondence, and (c) describes the information requested. (2) For the purposes of subsection (1)(a), a request is to be treated as made in writing where the text of the request-- (a) is transmitted by electronic means, (b) is received in legible form, and (c) is capable of being used for subsequent reference. | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 16(1) It shall be the duty of a public authority to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who propose to make, or have made, requests for information to it. (2) Any public authority which, in relation to the provision of advice or assistance in any case, conforms with the code of practice under section 45 is to be taken to comply with the duty imposed by subsection (1) in relation to that case. See also Chapter 2 of the Code of Conduct. | No specific mention about clarification, but it can be inferred that it´s included and it is mentioned in the Code. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | Chapter 2 of the Code of Conduct | This is specifically mentioned in Chapter 2 of the Code. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | Not mentioned | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | Code of Conduct: 2.11 There will be occasions when a public authority is not able to comply with a request (or to comply with it in full) because it does not hold the information requested. 2.12 In most cases where a public authority does not hold the information, but thinks that another public authority does, they should respond to the applicant to inform them that the requested information is not held by them, and that it may be held by another public authority. The public authority should, as best practice where they can, provide the contact details for the public authority they believe holds the requested information. 2.13 Where the public authority who originally received the request wishes to ask a different public authority directly to deal with the request by transferring it to them, this should only be done with the applicant’s agreement in case the requester objects to their details being passed on. This is because public authorities have a duty to respond to a requester and confirm whether or not they hold information in scope of the request as set out in paragraph 2.12 above. | This is primarily a referral and not a transfer system, although, positively, transfers are at least authorised. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | Partially | 1 | 11(1) Where, on making his request for information, the applicant expresses a preference for communication by any one or more of the following means, namely— (a) the provision to the applicant of a copy of the information in permanent form or in another form acceptable to the applicant, (b) the provision to the applicant of a reasonable opportunity to inspect a record containing the information, and (c) the provision to the applicant of a digest or summary of the information in permanent form or in another form acceptable to the applicant, the public authority shall so far as reasonably practicable give effect to that preference. (1A) Where— (a) an applicant makes a request for information to a public authority in respect of information that is, or forms part of, a dataset held by the public authority, and (b) on making the request for information, the applicant expresses a preference for communication by means of the provision to the applicant of a copy of the information in electronic form, the public authority must, so far as reasonably practicable, provide the information to the applicant in an electronic form which is capable of re-use.] (2) In determining for the purposes of this section whether it is reasonably practicable to communicate information by particular means, the public authority may have regard o all the circumstances, including the cost of doing so. (3) Where the public authority determines that it is not reasonably practicable to comply with any preference expressed by the applicant in making his request, the authority shall notify the applicant of the reasons for its determination. (4) Subject to subsections (1) and (1A), a public authority may comply with a request by communicating information by any means which are reasonable in the circumstances. | The public authority can refuse to compliance with the requester´s preference if estimates that the cost of complying with the request would exceed the appropriate limit. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | Partially | 1 | 10(1) Subject to subsections (2) and (3), a public authority must comply with section 1(1) promptly and in any event not later than the twentieth working day following the date of receipt. | 20 working days. Note that section 10(3) replaces the 20-day time limit with "until such time as is reasonable in the circumstances" where public authorities need to consider the public interest, which is problematical. |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 10(1) Subject to subsections (2) and (3), a public authority must comply with section 1(1) promptly and in any event not later than the twentieth working day following the date of receipt. | 20 working days. Note that section 10(3) replaces the 20-day time limit with "until such time as is reasonable in the circumstances" where public authorities need to consider the public interest, which is problematical. |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 17(2) Where-- (a) in relation to any request for information, a public authority is, as respects any information, relying on a claim-- (i) that any provision of Part II which relates to the duty to confirm or deny and is not specified in section 2(3) is relevant to the request, or (ii) that the information is exempt information only by virtue of a provision not specified in section 2(3), and (b) at the time when the notice under subsection (1) is given to the applicant, the public authority (or, in a case falling within section 66(3) or (4), the responsible authority) has not yet reached a decision as to the application of subsection (1)(b) or (2)(b) of section 2, the notice under subsection (1) must indicate that no decision as to the application of that provision has yet been reached and must contain an estimate of the date by which the authority expects that such a decision will have been reached. | The timeline extensions are not clear. Requesters are required to be told that an extension is being taken and be given an estimate of how long it will be. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 9. The Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. | The fees regulations permit (but do not require) fees to be charged but only for copying, postage or complying with an applicant's request to put the information into a different form from the one in which it is held. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 9(1) A public authority to whom a request for information is made may, within the period for complying with section 1(1), give the applicant a notice in writing (in this Act referred to as a “fees notice”) stating that a fee of an amount specified in the notice is to be charged by the authority for complying with section 1(1). (2) Where a fees notice has been given to the applicant, the public authority is not obliged to comply with section 1(1) unless the fee is paid within the period of three months beginning with the day on which the fees notice is given to the applicant. (3) Subject to subsection (5), any fee under this section must be determined by the public authority in accordance with regulations made by the Minister for the Cabinet Office. (4) Regulations under subsection (3) may, in particular, provide— (a) that no fee is to be payable in prescribed cases, (b) that any fee is not to exceed such maximum as may be specified in, or determined in accordance with, the regulations, and (c) that any fee is to be calculated in such manner as may be prescribed by the regulations. (5) Subsection (3) does not apply where provision is made by or under any enactment as to the fee that may be charged by the public authority for the disclosure of the information. | Fees are set centrally by the Secretary of State but they are not limited to reproduction and delivery and no free pages are mandated. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | Not mentioned | |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Sections 11A and 11B and the Re-use of Public Sector Information Regulations 2005, Section 5 (about Exclusions). | Some fees are allowed. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 44(1) Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it-- (a) is prohibited by or under any enactment, (b) is incompatible with any Community obligation, or (c) would constitute or be punishable as a contempt of court. (2) The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) fall within any of paragraphs (a) to (c) of subsection (1). | |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 2 | Part II, Sections 21 to 44. | Exceptions which are either illegitimate or unduly broad: 21 - otherwise accessible (even if only because required by law and regardless of fees); 22 - future publication (without any limit as to when); 22A research (too broad as it covers any interests of those participating); 27(1)(c), (d), (2) - interests of the UK or obtained confidentially from another State; 29 - economic interests broadly defined; 34 - parliamentary privilege; 35 and 36 - policy, advice and conduct of public affairs (very broadly defined and also not harm tested); 37 - communications with Royal Family (not legitimate and no harm test as well); 40 - personal information (defined to include all personal data, which is too broad, although no point deducted); |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 2 | 24(3), 30 | National security certificates and investigations not harm tested |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 2(1) Where any provision of Part II states that the duty to confirm or deny does not arise in relation to any information, the effect of the provision is that where either— (a) the provision confers absolute exemption, or (b) in all the circumstances of the case, the public interest in maintaining the exclusion of the duty to confirm or deny outweighs the public interest in disclosing whether the public authority holds the information, section 1(1)(a) does not apply. (2) In respect of any information which is exempt information by virtue of any provision of Part II, section 1(1)(b) does not apply if or to the extent that— (a) the information is exempt information by virtue of a provision conferring absolute exemption, or (b) in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. (3) For the purposes of this section, the following provisions of Part II (and no others) are to be regarded as conferring absolute exemption— section 21, section 23, section 32, section 34, section 36 so far as relating to information held by the House of Commons or the House of Lords, in section 37, paragraphs (a) to (ab) of subsection (1), and subsection (2) so far as relating to those paragraphs, section 40(1), section 40(2) so far as relating to cases where the first condition referred to in that subsection is satisfied, section 41, and section 44. | A large number of exceptions are excluded from the public interest override. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | Partially | 1 | 63(1) Information contained in a historical record cannot be exempt information by virtue of section 28,30(1),32,33, 35,36,37(1)(a),42 or 43. (2) Compliance with section 1(1)(a) in relation to a historical record is not to be taken to be capable of having any of the effects referred to in section 28(3), 33(3), 36(3), 42(2) or 43(3). (3) Information cannot be exempt information by virtue of section 37(1)(b) after the end of the period of sixty years beginning with the year following that in which the record containing the information was created. (4) Information cannot be exempt information by virtue of section 31 after the end of the period of one hundred years beginning with the year following that in which the record containing the information was created. (5) Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of one hundred years beginning with the year following that in which the record was created, to be capable of prejudicing any of the matters referred to in section 31(1). | A number of historical periods are too long. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | Code of Conduct, Chapter 3. | It is well established under guidance and case law that third parties who are consulted have no right of veto over disclosure. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | NO | 0 | Not mentioned | Not mentioned although followed in practice. |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 17(1) A public authority which, in relation to any request for information, is to any extent relying on a claim that any provision of Part II relating to the duty to confirm or deny is relevant to the request or on a claim that information is exempt information must, within the time for complying with section 1(1), give the applicant a notice which— (a) states that fact, (b) specifies the exemption in question, and (c) states (if that would not otherwise be apparent) why the exemption applies. (7) A notice under subsection (1), (3) or (5) must— (a) contain particulars of any procedure provided by the public authority for dealing with complaints about the handling of requests for information or state that the authority does not provide such a procedure, and (b) contain particulars of the right conferred by section 50 [on appeals]. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | Section 45(1) The Secretary of State shall issue, and may from time to time revise, a code of practice providing guidance to public authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the discharge of the authorities' functions under Part I. (2) The code of practice must, in particular, include provision relating to- (e) the provision by public authorities of procedures for dealing with complaints about the handling by them of requests for information. Chapter 5 of the 2018 Code of Practice addresses the issue of internal reviews (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/744071/CoP_FOI_Code_of_Practice_-_Minor_Amendments_20180926_.pdf). | The internal appeals process is simple and free of charge. There is no statutory time limit but chapter 5 of the 2018 Code of Practice recommends 20 working days for this stage, with possible extensions of another 20 working days and even longer if needed. In practice, this is largely respected, but the authorisation for longer internal appeals warrants a loss on one point here. Note that, pursuant to s. 50(2)(a) of the Act, the Commission shall only decide on appeals if the person has exhausted the internal appeal. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 50(1) Any person (in this section referred to as “the complainant”) may apply to the Commissioner for a decision whether, in any specified respect, a request for information made by the complainant to a public authority has been dealt with in accordance with the requirements of Part I. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | YES | 2 | The rules on this are set out in the Data Protection Act 1998. | Although technically the appointments are by government, in fact there is an established and independent process for this and there is security of tenure. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 85. There shall be paid out of money provided by Parliament-- (a) any increase attributable to this Act in the expenses of the Secretary of State in respect of the Commissioner, the Tribunal or the members of the Tribunal, (b) any administrative expenses of the Secretary of State attributable to this Act, (c) any other expenses incurred in consequence of this Act by a Minister of the Crown or government department or by either House of Parliament, and (d) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided. | Approved by parliament but run through the government (Secretary of State). |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | Not mentioned | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | These powers are mostly found in the Data Protection Act 1998. See also 55 Schedule 3 (powers of entry and inspection) has effect. and the entire Schedule 3. | Inspections are allowed only where authorized by a judge (District or form the Magistrate´s Court) so one point deducted. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | Partially | 1 | 50(4) Where the Commissioner decides that a public authority— (a) has failed to communicate information, or to provide confirmation or denial, in a case where it is required to do so by section 1(1), or (b) has failed to comply with any of the requirements of sections 11 and 17, the decision notice must specify the steps which must be taken by the authority for complying with that requirement and the period within which they must be taken. 53(2) A decision notice or enforcement notice to which this section applies shall cease to have effect if, not later than the twentieth working day following the effective date, the accountable person in relation to that authority gives the Commissioner a certificate signed by him stating that he has on reasonable grounds formed the opinion that, in respect of the request or requests concerned, there was no failure falling within subsection (1)(b). | The Commissioner's orders for disclosure of information can be overridden by the head of a public authority. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 50(4) Where the Commissioner decides that a public authority— (a) has failed to communicate information, or to provide confirmation or denial, in a case where it is required to do so by section 1(1), or (b) has failed to comply with any of the requirements of sections 11 and 17, the decision notice must specify the steps which must be taken by the authority for complying with that requirement and the period within which they must be taken. | Fairly broad powers, although no mention of compensation. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 57(1) Where a decision notice has been served, the complainant or the public authority may appeal to the Tribunal against the notice. (2) A public authority on which an information notice or an enforcement notice has been served by the Commissioner may appeal to the Tribunal against the notice. (3) In relation to a decision notice or enforcement notice which relates-- (a) to information to which section 66 applies, and (b) to a matter which by virtue of subsection (3) or (4) of that section falls to be determined by the responsible authority instead of the appropriate records authority, subsections (1) and (2) shall have effect as if the reference to the public authority were a reference to the public authority or the responsible authority. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | Not mentioned | Expert says: Under English law, an individual can always represent himself in legal proceedings without a lawyer -- in anything from a Tribunal case to the Supreme Court. Since there is no power to charge for appeals in the FOIA, both internal and external appeals must be free -- and are free. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 50(1) Any person (in this section referred to as “the complainant”) may apply to the Commissioner for a decision whether, in any specified respect, a request for information made by the complainant to a public authority has been dealt with in accordance with the requirements of Part I. | Any failure to comply with the rules for processing requests is covered. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Sections 50 and 51 | Timelines are not clearly specified. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | YES | 2 | Tribunal decision EA/2006/0007, paragraph 54. | The decision provides: "reference has been made above to the undoubted fact that it is the public authority which bears the onus of showing that the exemption should be maintained." |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | Partially | 1 | 48(1) If it appears to the Commissioner that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with that proposed in the codes of practice under sections 45 and 46, he may give to the authority a recommendation (in this section referred to as a “practice recommendation”)specifying the steps which ought in his opinion to be taken for promoting such conformity. (2) A practice recommendation must be given in writing and must refer to the particular provisions of the code of practice with which, in the Commissioner’s opinion, the public authority’s practice does not conform. | May only make recommendations. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 77(1) Where— (a) a request for information has been made to a public authority, and (b) under section 1 of this Act F157... the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section, (c) any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled. (2) Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority. (3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) No proceedings for an offence under this section shall be instituted— (a) in England or Wales, except by the Commissioner or by or with the consent of the Director of Public Prosecutions; (b) in Northern Ireland, except by the Commissioner or by or with the consent of the Director of Public Prosecutions for Northern Ireland. | Broad provision but consent of the Director of Public Prosecutions is required. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | Partially | 1 | 54(1) If a public authority has failed to comply with— (a) so much of a decision notice as requires steps to be taken, (b) an information notice, or (c) an enforcement notice, the Commissioner may certify in writing to the court that the public authority hasfailed to comply with that notice. (2) For the purposes of this section, a public authority which, in purported compliancewith an information notice— (a) makes a statement which it knows to be false in a material respect, or (b) recklessly makes a statement which is false in a material respect, is to be taken to have failed to comply with the notice. (3) Where a failure to comply is certified under subsection (1), the court may inquire into the matter and, after hearing any witness who may be produced against or on behalf of the public authority, and after hearing any statement that may be offered in defence, deal with the authority as if it had committed a contempt of court. 77(1) Where— (a) a request for information has been made to a public authority, and (b) under section 1 of this Act the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section, any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled. (2) Subsection (1) applies to the public authority and to any person who is employed by,is an officer of, or is subject to the direction of, the public authority. | This is not really a system for imposing sanctions for systematic failures to respect the Act but it does provide for sanctions to be imposed on public authorities and there is also the system of codes of practice so one point given. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | Partially | 1 | Section 79: "Where any information communicated by a public authority to a person ("the applicant") under section 1 was supplied to the public authority by a third person, the publication to the applicant of any defamatory matter contained in the information shall be privileged unless the publication is shown to have been made with malice." | This Section protects third parties from defamation if information which they have supplied to a public authority is released under FOI. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | YES | 2 | Public Interest Disclosure Act 1998. | This protects employees who in good faith disclose information which they reasonably believe indicates that wrongdoing is taking place, or is being deliberately concealed. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | 47(1) It shall be the duty of the Commissioner to promote the following of good practice by public authorities and, in particular, so to perform his functions under this Act as to promote the observance by public authorities of— (a) the requirements of this Act, and (b) the provisions of the codes of practice under sections 45 and 46. (2) The Commissioner shall arrange for the dissemination in such form and manner as he considers appropriate of such information as it may appear to him expedient to give to the public— (a) about the operation of this Act, (b) about good practice, and (c) about other matters within the scope of his functions under this Act, and may give advice to any person as to any of those matters. (3) The Commissioner may, with the consent of any public authority, assess whether that authority is following good practice. | Rather limited roles for the Commissioner but clearly the lead body for this. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | Partially | 1 | 47(2) The Commissioner shall arrange for the dissemination in such form and manner as he considers appropriate of such information as it may appear to him expedient to give to the public— (a) about the operation of this Act, (b) about good practice, and (c) about other matters within the scope of his functions under this Act, and may give advice to any person as to any of those matters. | No real obligation to raise public awareness but at least a general authorisation to do so. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 46(1) The Secretary of State] shall issue, and may from time to time revise, a code of practice providing guidance to relevant authorities as to the practice which it would, in his opinion, be desirable for them to follow in connection with the keeping, management and destruction of their records. | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | 19. See also Chapter 8 of the Code of Conduct on Publication Schemes. | No requirement to publish lists of records held or even categories, although this may be included in publication schemes. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | Partially | 1 | 139, Data Protection Act 2018: (1)The Commissioner must— (a)produce a general report on the carrying out of the Commissioner’s functions annually, (b)arrange for it to be laid before Parliament, and (c)publish it. (2)The report must include the annual report required under Article 59 of the GDPR. (3)The Commissioner may produce other reports relating to the carrying out of the Commissioner’s functions and arrange for them to be laid before Parliament. | Expert says: There is no legal obligation to report in this way. However, since before 2005 the government has published an annual report on the operation of the Act in central government, including request statistics. It also publishes quarterly statistics for all central government bodies. As this is not a legal requirement, only one point given. |
