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All these exemptions are subject to a public interest test, which could reverse the decision to not disclose. Other exemptions apply to court records, personal information whose disclosure would breach the Data Protection Act, and information about the security and intelligence services.
What do I do if they refuse?
If feel you have been unreasonably refused information, your first step should be to ask the authority to reconsider its decision. If you are still unhappy after that, you can complain to the Information Commissioner who can order the authority to disclose information. A ministerial veto allows ministers to overrule the Information Commissioner if he orders them to disclose information on public interest grounds. Other authorities have no veto.
Why do the rules vary within the UK?
The Freedom of Information Act 2000 applies to central government bodies and to English, Welsh and Northern Ireland public authorities. It also applies to Parliament, the Welsh Assembly and (if reconvened) the Northern Ireland Assembly. The Freedom of Information (Scotland) Act 2002 applies to the Scottish Executive, the Scottish Parliament and Scottish public authorities. The Scottish Act also comes into force on 1 January 2005.
What other new laws can help me obtain information?
New Environmental Information Regulations (EIRs), which apply separately in the UK and Scotland, also come into force on January 1. If the information you want relates to the environment, your request will be dealt with under the EIRs not the FOI Act. The EIRs implement a European Union directive. The application process is the same under the EIRs, except requests can be made orally as well as in writing. For example, requests for environmental information can be made in person or by telephone.
The EIRs are similar to the FOI Act, but not identical. In some ways, the EIRs provide an improved right of access. For example, private contractors providing environmental services or functions for public authorities are covered by the EIRs, but not FOI. There are fewer exemptions in the EIRs. Significantly, information about emissions to the environment cannot be withheld on grounds of commercial confidentiality.
Finally, as of January 1 there are amendments to the Data Protection Act 1998 which strengthen people's rights to see personal information about themselves held by public authorities throughout the UK, including Scotland. The Data Protection Act already allows people to see computerised personal data about themselves and medical, social work, housing and school records. The amendments significantly improve the right to see other paper records.
Are there any documents already released? How do I read them?
Yes. Authorities have had to publish 'publication schemes' describing the information they publish pro-actively i.e. without you having to make a request. At the moment, most schemes consist largely of information that was published in the past such as press releases, consultation papers etc. However, there have been some important initiatives. Most authorities have published their publication schemes on their websites, though they should have paper copies available as well.
Are there some useful websites for further advice?
A more detailed guide on using these new rights to information will be available from the Campaign for Freedom of Information's website http://www.cfoi.org.uk . Also useful are:
The UK Information Commissioner - http://www.informationcommissioner.gov.uk
The Department for Constitutional Affairs - http://www.dca.gov.uk/foi/index.htm
The Scottish Information Commissioner - http://www.itspublicknowledge.info
The Scottish Executive's FOI site - http://www.scotland.gov.uk/Topics/Government/FOI
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