FOIQuick reference

Freedom of Information Requests (FOI)

Anyone has a right to request information from a public authority. Requests must be made in writing, but requesters do not have to mention the legislation or direct their request to a designated member of staff.

Freedom of Information Act 2000

Time limits

20 working days, counting the first working day after the request is received as the first day. For schools, the standard time limit is 20 school days, or 60 working days if this is shorter (this will usually only apply during the summer holidays).

Clarification & unclear requests

If you can’t answer the request because you are not sure what is being requested, you must contact the requester as soon as possible for clarification. You do not have to deal with the request until you have received that clarification.

ID requirements

Requesters do not have to provide ID. You may decide to check their identity if it is clear they are using a pseudonym, or there are legitimate grounds for refusing their request and you suspect they are trying to avoid this happening. This might happen when you suspect the requester is trying to avoid you relying on the vexatious or repeated requests exemption.

Exemptions

The ICO website has detailed guidance on how to apply the various exemptions under the act. You will also need to consider the £450 cost limit. You can refuse a request if you estimate that the cost of compliance would exceed this limit. When estimating the cost, you can only take into account the cost of determining whether you hold the information; finding the information, or records containing the information; retrieving the information or records; and extracting the information from records. You should rate staff time at £25 per person per hour, regardless of who does the work.

When and what to redact

Generally you will not be releasing personal data in response to an FOI. You will need to consider whether any affected data subjects have consented or refused for the information to be disclosed. Even if they have refused, you should consider whether the requester is pursuing a legitimate interest and whether disclosure of the personal information is necessary to meet those interests. You would then need to consider the “balancing test”, which involves considering whether the legitimate interests served by the disclosure outweigh “the interests or fundamental rights and freedoms of the data subject which require the protection of personal data”. When conducting the balancing test, you should consider: the potential harm or distress that disclosure would cause; the extent to which the information is already in the public domain; the extent to which the information is already known to some people; whether the individual has expressed concern or objected to the disclosure; and the data subject’s reasonable expectations of privacy.

Common mistakes

Trusts will often state that there are no grounds to ever disclose personal data in response to an FOI, or assume that queries regarding named individuals should be addressed in full.

Why this matters

Undertaking internal reviews for FOIs can be time consuming for staff. Inaccurate application of the exemptions would result in a data breach as per UK GDPR, which could result in regulatory action from the ICO and/or civil action by the affected data subjects. If the ICO reviews an FOI decision, that review will be published on their website, which may lead to negative publicity.

Decision tree

Work through the questions below to decide whether third-party personal data should be redacted from an FOI response.

Interactive guide · Third-party data

Question 1

Does the request include personal data as defined in UK GDPR?

Start by deciding whether the requested information is personal data at all.

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