The Commissioner's Office only began publishing its decisions
this month. Of the 14 decisions to date, 11 complaints (or 79%)
were upheld, at least in part. These victories do not result in
penalties or compensation for complainants; rather, the public
authorities are simply told just to provide the information
requested.
The Freedom of Information Act (FOIA) came into full effect on
1st January, giving individuals a general right of access to
information about the way decisions are made, and public money is
spent, by more than 100,000 public authorities, including
Government departments, schools, NHS Trusts, police forces and
local authorities.
Anyone, of any nationality, and living anywhere in the world,
can make a written request for information, and expect a response
within 20 working days.
The Information Commissioner has the task of monitoring and
supervising the implementation of the Act. If disagreements arise,
which could concern the amount charged, the time taken to respond,
or whether an exemption has been properly applied, the
Commissioner, Richard Thomas, arbitrates.
He can either support the public authority's decision or ask it
to take steps to comply with the legislation. If a public authority
fails to comply, the Commissioner can then notify the High Court,
which will deal with it as if it had committed a contempt of
court.
Lincolnshire's South Holland District Council, for example, was
reasonable in asking for £25 to photocopy 296 pages of information,
according to the Commissioner. But in another case, the Medicines
& Healthcare Products Regulatory Agency erred in providing
information outside the time limit – albeit no further steps were
requested by the Commissioner.
In fact, of the 14 decisions published, six concern a failure to
respond within 20 working days. Of the remainder, two relate to the
use of exemptions, two relate to a request for information from the
wrong organisation, three to a failure to follow the correct
procedure and the other was the photocopying charge.
