Access To Information Legislation

What Is The Freedom Of Information (FOI) Act?

• The Freedom of Information Act became legally enforceable on 1st January 2005.

• The Act gives everyone (including you!) a legally enforceable right of access to public sector information.

• The purpose of the Act is to make public authorities like Kent County Council more transparent and accountable to the public.

• The Information Commissioner oversees and polices the Act.

• The Act gives access to all recorded information held in any form or media (paper, audio, video, microfiche, microfilm, computer files etc) and is retrospective so includes information created and stored before the Act was made law in 2000.

• Anyone (including you!) can request information from the KCC.

• Requests must be in writing, although they do not have to mention the Act

• KCC have 20 working days to complete a request from the day it was received.

• KCC have a duty to advise and assist people wanting information (this may mean making provisions for people that can't put their request in writing).

• KCC have a duty to confirm or deny in writing if the information requested exists and if it does, provide it in the format requested.

• KCC have a duty to have a publication scheme detailing what information the council routinely publish and how much it costs (if applicable)

What Are The Exemptions To Withhold Information Under FOI?

• Personal information - where disclosure would contravene the Data Protection Act 1998.

• Information provided in confidence - where disclosure would cause an actionable breach (this does not apply to confidentiality clauses in our contractors' contracts, nor documents we've marked as "in confidence").

• Court records - for example; information held for a court case, tribunal or statutory enquiry.

• Prohibition to disclosure - where disclosure is prevented by the courts or an Act of Parliament. However, many bits of legislation (e.g.: section 12 of the Local Government Act is being revised to bring it in line with FOI).

• Information intended for future publication * - this must have been already planned when the request was made.

• Investigations and proceedings conducted by public authorities * - for example; information gathered for criminal investigations or civil proceedings.

• Law enforcement * - where disclosure may hinder prevention of crime or the enforcement of regulations.

• Health and safety * - where disclosure might endanger the mental or physical health or safety of an individual.

• Commercial Interests * - for example: trade secrets, or where disclosure would cause actual financial loss.

• Prejudice to the effective conduct of public affairs * - we are still awaiting guidance on the definition and application of this exemption which can only be invoked by a "qualified" person within the Authority.

* subject to the Public Interest Test (detailsof PIT below).

What Are Environmental Information Regulations (EIRS)?

• Changes to current EIR legislation took effect from 1st January 2005 (scope is much wider with a broader definition of 'environmental information').

• All public authorities are subject to EIRs and some private companies (e.g. water, energy, waste and transport).

• DEFRA is the government department responsible for drafting the regulations.

• The Information Commissioner oversees and polices the Act.

• Regulations give anyone access to information held in any form about anything environmental including:-

• Requests can be made by any method - including verbally!

• KCC have 20 working days to complete a request from the day it was received - this can be extended to 40 working days.

• KCC have a duty to advise and assist people wanting information.

• KCC have a duty to confirm or deny in writing if the information requested exists and if it does, provide it in the format requested.

• KCC have a duty to be proactive in providing information - via our publication scheme.

• KCC cannot refuse to deal on grounds of how much it will cost us.

• All exceptions to disclosing information are subject to the Public Interest Test.

And What Are The Exceptions To Disclosure Under EIR?

1. Confidentiality of proceedings

2. International relations / public security / defence

3. The course of justice and right to fair trial

4. Commercial confidentiality

5. Intellectual property rights

6. Personal/ voluntary data

7. Environmental protection

NOTE: Information about emissions CANNOT be refused under 1, 4, 6,or 7 and all seven are subject to the Public Interest Test (detailsof PIT below).

What Is The Data Protection Act (DPA) 1998?

• Applies to anyone who handles or has access to information about individuals

• Gives rights to the people the information is about (Data Subjects)

• Helps ensure that the information held on computers and in paper-based systems is managed properly.

There are 8 Principles set out in the Act - an individuals' data must be:

1. Only use personal data with the individuals' consent (this means you should be made aware why someone is collecting your information, what is the intended use, and who else it may be shared with).

2. Only use personal data for lawful and disclosed purposes (this means only using the information collected for the purpose stated).

3. Only collect, use and store data that is adequate and relevant to your job/function (this means only asking for information needed as opposed to information that may be useful in the future for something else).

4. Keep personal data up-to-date (this means a regular scheduled review of the information held i.e. annually).

5. Only keep the data collected as long as it is necessary (however, this may be a very long time if statute says records should be keep x no. of years)

6. Always respect the rights of individuals (this means your personal information, should be treated as the people collecting it would like their own to be treated!)

7. Keep data safe (this means companies must ensure that the information cannot be accessed by anyone that isn't authorised)

8. Do not transfer the data outside the EU.

Rights for Individuals - this means you!

• To be supplied with a hard copy of their own personal data and be provided with details about why the data is held and the purpose(s) for which the data is being processed.

• To prevent processing that is likely to cause damage or distress to themselves or anyone else. They also have the right to claim compensation for damage and distress caused by someone breaking the conditions of the Act.

• Rights in relation of automated decision-making.

• To prevent processing for direct marketing purposes.

• To have any inaccurate information held about them corrected, removed or destroyed.

What Is The Public Interest Test?

Even if an exemption applies, KCC or other organisations would still have to release the information, if the benefit of disclosure outweighs keeping it secret, for example;

disclosure would promote public debate

disclosure would help individuals understand decisions/expenditure made by the KCC

disclosure would assist would bring to light information affecting public health & safety

Disclosure Log

KCCs Disclosure Log is a record of all completed requests for information that KCC have received and dealt with under the Freedom of Information Act 2000 and Environmental Information Regulations 2004. It details what information KCC were asked for, the number of days it took KCC to deal with the request and, if KCC withheld some or all of the information, the reasons for doing so.

If you have any difficulty accessing this document, please contact freedomofinformation@kent.gov.uk for an alternative format.

• Disclosure Log.

Recommended Publications And Other Sources Of Information

The following publications or websites give further information or guidance.

Information is Power - A guide to the rules on access to information in local government.

This downloadable e-publication by The Local Government Information Unit (LGiU) & Association of Council Secretaries and Solicitors (ACSeS) gives comprehensive advice on your rights to information as a member of the public and is available via this website.

• Local Government Information Unit.

Access to Information in Local Government

Available in hard copy from the LGA or in downloadable PDF format, this publication is a policy paper comparing existing legislation with the Freedom of Information Act 2000.

• Communities & Local Government - Freedom of Information.

The Information Commissioner

The Information Commissioner oversees enforcement of both FOIA & DPA. The website provides assistance to the public on how to exercise their rights under both Acts, and has guidance for public authorities on implementing both bits of legislation.

• Information Commissioner .

Dept. of Constitutional Affairs

The Dept. of Constitutional Affairs is responsible for FOI legislation and this website offers excellent (downloadable) advice on all aspects of FOI - how to deal with requests, what constitutes a request for logging, tracking and monitoring purposes, exemptions - their definition, examples of, and how to apply them in practice.

• Dept. of Constitutional Affairs .

The Constitution Unit

For a history of both FOI AND DPA

• The Constitution Unit .

Campaign for Freedom of Information

The Campaign for Freedom of Information is a non-profit organisation working to improve public access to official information and to ensure that the Freedom of Information Act is implemented effectively. Campaigning against unnecessary official secrecy, it monitors existing access rights and provides practical guides to help people use them.

• Campaign for Freedom of Information .

UK FOI blog

For news, views, and updates on UK and worldwide FOI Acts.

• UK FOI blog.

The National Archives

This section of the National Archives website contains details on policies and legislation that relate to or have an impact on archives and records management

• The National Archives .