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10 tips for public authorities on Freedom of Information


Information Commissioner Richard Thomas says he has received over 1,000 complaints since the Freedom of Information Act came into force at the start of the year. Today he revealed his 10 top tips for public authorities to avoid complaints.

Richard Thomas said he was impressed by a spirit of greater openness in the culture of government at all levels. "Secrecy without good reason is no longer an option," he said. "The Freedom of Information Act is clearly making an impact and I am encouraged that it is being taken very seriously by most public authorities."

The Information Commissioner's Office is the UK’s independent public body for promoting access to official information and protecting personal information. It also handles complaints. It has received 1,157 FOI complaints since the Act came into force. Of these, 224 cases have been closed, mainly informally, but 19 formal Decision Notices have been issued.

Mr Thomas's Office published today's list of tips having recognised that many of the complaints received to date involve procedural issues. This, it says, suggests that some public authorities are still not sufficiently clear about their obligations under the Act.

The tips encourage authorities to disclose information wherever possible and use publication schemes proactively. They remind public bodies that they must meet the 20 day deadline and to be extremely clear when issuing refusal notices. Above all, the Act should be seen positively: members of the public have a right to know what is done in their name and how their money is spent. Greater transparency is good for the public and for democracy.

Richard Thomas added: “Many significant disclosures, on a very wide range of issues, have been achieved and the majority of refusals appear to be unchallenged. As we tackle the complaints referred to us, our approach is to be independent, robust, responsible, and – where appropriate – to balance competing public interest considerations.”

10 Top Tips from the Information Commissioner's Office

  1. Be positive. Greater transparency is good for the public and democracy.
  2. Be active. Use Publication Schemes pro-actively. Pro-active publication saves time, effort, resources and money.
  3. Anticipate requests – don’t wait to be asked.
  4. Why not? The Act presumes disclosure. Public authorities should meet people’s requests unless there is a good reason within the Act not to. Organisations do not have to withhold information if an exemption applies
  5. Get talking. A dialogue between the requester and the public authority can help you resolve requests more quickly.
  6. Don't fear precedent. All decisions should be made on their own merits and on a case by case basis at the time of the request.
  7. Give clear reasons. If you are turning down a request, write a clear Refusal Notice. Properly drafted and fully explained refusals can help avoid reviews and complaints.
  8. Give more if it helps. Supply additional information where it is useful, such as an explanation of the data you are supplying.
  9. Meet it or beat it. You must meet the 20 day deadline – beat it if possible.
  10. Help yourself. Look at the ICO’s guidance on http://www.ico.gov.uk/ for more information on freedom of information, as well as information on data protection, or you can ring the ICO's Helpline on 01625 545745.
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