Freedom Of Information
The Freedom of Information Act 2000 gives a general right of access to all types of recorded information held by public authorities, including police authorities and forces. The Act is part of a wider initiative to make government and its decision making processes more open and accountable. It provides authorities with an opportunity to review their openness and accessibility.
Right of Access
The Freedom of Information Act will be implemented in two stages:
- By June 2003, both police authorities and forces are required to adopt and maintain a publication scheme and to publish information in accordance with the Scheme
- From January 2005, any individual or body will have the right of access to information held by the authority
The right of access is subject to a number of exemptions and these are divided into two categories:
- 8 absolute exemptions – where the information falls into this category the authority is not obliged to communicate it to an applicant
- others exemptions: public interest test – the authority must confirm or deny if it holds the information, and if confirmed, release it unless the public interest in withholding the information outweighs the public interest in disclosure.
Publication Scheme
Publication Schemes are a novel feature of the United Kingdom's legislation on access to information held by public authorities. Their purpose is to be a means by which a public authority can make a significant amount of information available routinely, without waiting for someone to specifically request it. Public authorities are required to publish.
Section 19(2) of the Act sets out the requirements for a publication scheme as follows:
A publication scheme must:
- specify classes of information that the public authority publishes or intends to publish;
- specify the manner in which information of each class is, or is intended to be, published; and
- specify whether the material is, or is intended to be, available to the public free of charge or on payment.
Section 19(3) states that "in adopting or reviewing a publication scheme, a public authority shall have regard to the public interest in allowing public access to information held by the authority and in the publication of reasons for decisions made by the public authority".
Section 19(1) provides that it shall be the duty of every public authority to adopt and maintain a publication scheme, to publish information in accordance with its scheme and, from time to time, to review its publication scheme.