The Freedom of Information Act
The Freedom of Information (FOI) Act was passed on 30 November 2000. It gives a general right of access to all types of recorded information held by public authorities, with full access granted from January 2005. There are exemptions to that right and places certain obligations on public authorities.
This excludes personal information: that is covered by the Data Protection Act.
The Freedom of Information Act and the Data Protection Act are the responsibility of the Lord Chancellor’s Department. There is an Information Commissioner (external link) who oversees the FOI Act.
The NHS has a dedicated website (external link) to advise practitioners on the detailed requirements and how a request can be made.
Their guidance to NHS staff involved in handling complaints is:
Complaints Procedure
The best policy is to be as open as possible and supply the information that has been requested. If you consider the release of that information to cause significant harm then the Information may be withheld. The information Commissioner might later force the disclosure of the information.
In the case where information is requested and there are sections of the information that are exempt then the document should be clearly marked to show where exempt information is withheld. If all information is withheld, then the public body will have to give full reasons as to why the information has been withheld.
If the person requesting access is not satisfied with the reasons, they have the right to appeal. They may also appeal if they think that the charges for information are unfair. |
Next: Will information be kept confidential?
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