Freedom of Information
1st January saw a whole new world of freedom of information. Individuals and companies can ask about 100,000 Government bodies for all kinds of information. Lots of guidance on the topic has been issued. One issue has been how much will be charged for the guidance.
Marti Burgess, a solicitor in our Company Commercial Department, says: It was announced at the end of 2004 that public bodies cannot rely on expense as a ground for refusing a request for information under the Freedom of Information Act unless the costs come to more than £450, following new Regulations laid before Parliament recently. According to the Department for Constitutional Affairs, there will be no charge for search and collation time for the vast majority of requests under the Act, which came into force on 1st January 2005, and the fees regime will be easy for public bodies to operate.
The Freedom of Information Act applies only to UK Public Authorities Scottish Public Authorities have similar, but separate legislation, which also came into force on 1st January and gives the general public rights to access information held by around 100,000 public authorities, including the police, NHS Trusts and GPs. The fees Regulations say that public bodies can only refuse to answer a request on the grounds of cost if it would cost more than £450, which equates to about two and half days of searching time. For central government, the limit is £600, roughly three and a half days searching time.
In calculating costs, authorities can take into account the costs of determining whether the information is held, locating and retrieving it, and extracting the information (including editing). They cannot take into account the costs of considering whether information is exempt under the Act.
For information on your new rights to search for information contact Marti Burgess on (0117) 929 0451] or e-mail
mburgess@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published