FOI 2000 Freedom of Information Act PDF

MOD002647 Professional Issues: Computing and Society FREEDOM OF INFORMATION 1 LEARNING OBJECTIVES By the end of the lesson, you will be able to: describe the FOI Act 2000; understand Public Authority’s obligations; outline exemptions from the act;...

MOD002647 Professional Issues: Computing and Society FREEDOM OF INFORMATION 1 LEARNING OBJECTIVES By the end of the lesson, you will be able to: describe the FOI Act 2000; understand Public Authority’s obligations; outline exemptions from the act; outline the differences between DPA, FOI, EIR applications; explain what RIPA 2000 covers. 2  What is Freedom? 3 “I DON’T WANT YOUR FREEDOM” 4 FOI What does freedom of information mean? 5 FOI What does freedom of information mean? Should information be free (available) or restricted? 6 I.T. LAW Data Protection Act (DPA 1998) GDPR (2016) Freedom of Information Act (FOI 2000) Regulation of Investigatory Powers Act (RIPA 2000) Computer Misuse Act (CMA 1990) Intellectual Property Law 7 FOI 2000 Freedom of Information Act 2000 The right to access information held by public authorities, in the course of their carrying out public functions. public authorities are obliged to publish certain information about their activities any member of the public is entitled to request information from public authorities 8 FOI 2000 Freedom of Information Act 2000 You can request information from: parliament government departments, and other public bodies and committees local councils schools, colleges and universities health trusts, hospitals and doctors’ surgeries publicly owned companies publicly funded museums the police Full list here: http://www.legislation.gov.uk/ukpga/2000/36/schedule/1 9 FOI 2000 Freedom of Information Act 2000 The Act covers any recorded information that is held by a public authority in England, Wales and Northern Ireland a UK-wide public authorities based in Scotland Information held by Scottish public authorities is covered by Scotland’s own Freedom of Information (Scotland) Act 2002 The act is supervised by the Information Commissioner’s Office (ICO) 10 FOI 2000 Freedom of Information Act 2000 It covers recorded information, including: printed documents, computer files, letters, emails, photographs, and sound or video recordings The Act does not give people access to their own personal data such as their health records or credit reference file. 11 FOI 2000 Public Authority’s Obligations  All information shall be communicated (unless exempted)  DPA rights prevail – consider DPA before FOI  Duty to be told whether information ‘held’ or not  Right to recorded information (not the document)  Duty to ‘advise and assist’ requestor in formulating requests  All PAs must publish and update a ‘publication scheme’ showing what information is already available and where it might be found / accessed  Can refuse vexatious or repeated requests  Must supply info within 20 working days unless more time needed to consider public interest test possible exemption. 12 FOI 2000 Public Interest - does not mean “what interests the public” - does mean: transparency of decision making, accountability of public funds, public understanding major general public interest in the issue (e.g. major policy decision) plausible suspicion of wrongdoing presenting a full picture 13 FOI 2000 Outside of Public Interest Government classified material good decision making commercial confidentiality expectation of privacy Information is not usually released on an ‘all or nothing’ basis: some parts may be release but other parts restricted or redacted the Information Commissioner (or an Information Rights Tribunal) may consider that passage of time may make what was once considered to be right to be withheld, now able to be published 14 FOI 2000 Exemptions Exemptions ABSOLUTE Exemptions QUALIFIED Exemptions National Security International relations Prevention, detection Relations within UK crime (Scot/Wales/NI) Taxation The country’s economic Judicial (at Court’s interests discretion) Law enforcement Regulatory authorities Audit functions Advice to ministers Effective conduct of public Information accessible affairs by other means Health and safety Commercial interests (difficult to prove) 15 FOI 2000 Public Interest “Statutory right of access”: if the public interest in disclosure outweighs the public interest of maintaining an exemption to disclosure, the information commissioner may rule that material has to be disclosed. 16 FOI 2000 Where to apply Freedom of Information Act 2000 – information held by public bodies Data Protection Act – information organisations hold about you Environmental Information Regulations – environmental information Make an FOI request: www.gov.uk/make-a-freedom-of-information-request/how-to-make-an-foi-requ est 17 FOI 2000 Enforcement Information Commissioner is responsible to enforce FOI Appeals 1) Internal Departmental Review 2) Information Commissioner 3) Courts  IC has absolute right to see the disputed information and make a judgement  Cabinet Minister can (could) override this decision with a veto 18 FOI 2000 Why do I care? you may go to work for a public authority where FOI rights need to be honoured you may go and work for a private organisation tendering for work from a public authority or performing a public function you may wish to find things out i.e. enforce/assert your own FOI rights 19 PRIVACY UK Privacy law is “messy”: Data Protection Act 1998/2018 Privacy and Electronic Communications Regulations Regulations of Investigatory Powers Act 2000 Freedom of Information Act 2000 Human Rights Act 1998 (European Convention of Human Rights Article 8) A whole bunch of other legislation, regulation and non- statutory bodies 20 RIPA Regulations of Investigatory Powers Act 2000 Framework for controlling lawful interception Covers interception of computer, telephone and post. Can be invoked by authorities to detect and prevent crime.  enables certain public bodies to demand that an ISP provide access to a customer's communications in secret;  enables mass surveillance of communications in transit;  enables certain public bodies to demand ISPs fit equipment to facilitate surveillance;  enables certain public bodies to demand that someone hand over keys to protected information;  allows certain public bodies to monitor people's Internet activities;  prevents the existence of interception warrants and any data collected with them from being revealed in court. 21 RIPA RIPA Powers allow: 22 HUMAN RIGHTS ACT Human Rights Act 1998  allows you to defend your rights in UK courts  compels public organisations to treat everyone equally, with fairness, dignity and respect (includes Governments, police and local councils) Based on the articles in the European Convention on Human Rights. 23 HUMAN RIGHTS ACT European Human Rights Convention – Article 8 Right to respect for private and family life  everyone has the right to respect in their private life, home.  a public authority cannot interfere with this right: - except in accordance with the law, or where it is necessary as a democratic society, in order to might impact:  protect national security, public safety, or the country’s economic wellbeing  prevent crime and disorder  protection of health or morality  protection of rights and freedom of others 24 INTERNET Free speech on the Internet Article 19 of the Universal Declaration of Human Rights calls for the protection of free expression in all media. Net neutrality All internet traffic should be treated equally. Open Internet The Internet should be accessible to everyone. 25 REFERENCES ICO, 2018. What is the freedom of information act? [online] Available at: [Accessed 27th Aug 2018]. UK Government, 2018a. How to make a Freedom of Information (FOI) Request. [online] Available at: [Accessed 27th Aug 2018]. UK Government, 2018b. RIPA Codes. [online] Available at: [Accessed 27 th Aug 2018]. Liberty, 2018. The Human Rights Act. [online] Available at: [Accessed 27th Aug 2018]. 26