RTI RULES FOR OTHER COUNTRIES

Other Countries > United Kingdom

After a Draft Bill of 1999 and a following consultative process through the year 1999, the UK Government developed a Draft of the Freedom of Information Bill 2000.At the time these notes were made, the Draft was in discussion in the House of Lords (though now the Bill has been passed by the Parliament and has become an Act). The Act is lengthy and has seven (7) Schedules.

Request has to be made in writing. There is no duty to assist the requester to make request. the request has to be complied in not more than twenty (20)working days from the day of the receipt of the request. Where a notice for payment of fees has been made, request is not required to be complied with unless the fees is paid, and number of days it takes to pay the fees is not counted within the above period for compliance. Further, the Act leaves the formulation of the fees structure to the executive. The scope of waiver of fees in certain circumstances is provided.

Most notably, the Act contains twenty-five (25) Sections detailing kinds of information exempt from public accessibility. This is its biggest drawback. Almost any information can be brought under the vast list of exemptions which include exemptions from information related to national security to information “likely to prejudice conduct of public affairs”. The discretion is left with the ministers and other public officials of the Government. The Act does contain detailed provisions regarding the Information Commissioner and the Information Tribunal, laying down complaint, enforcement and appeal provisions.

The Act also makes the act of altering records to prevent disclosure of information an offence. But there is no public interest defense to provide cover to officials to release information regarding instances of malpractice in the government.

For full text of the UK FOI Act, please click on the following link.

http://www.legislation.hmso.gov.uk/acts/acts2000/00036--a.htm#1