What bodies do FOI cover?
Which organisations are covered by the Freedom of Information Act? The Act covers central government departments and the executive agencies and public bodies they sponsor. It also covers parliament, the armed forces, devolved administrations, local authorities, the NHS, schools, universities and police forces.
Can a public body make an FOI request?
You can request information from some public authorities, such as: government departments, devolved administrations, other public bodies and committees. local councils. schools, colleges and universities.
What information can be requested from public bodies?
You can ask for any information you think a public authority may hold. The right only covers recorded information which includes information held on computers, in emails and in printed or handwritten documents as well as images, video and audio recordings.
Does the Freedom of Information Act only apply to public bodies?
Are we covered by the Freedom of Information Act? The Act only covers public authorities. Schedule 1 of the Act contains a list of the bodies that are classed as public authorities in this context. Some of these bodies are listed by name, such as the Health and Safety Executive or the National Gallery.
What is an FOI body?
FOI laws apply to public bodies unless they are exempt. FOI bodies include: Government departments. Bodies that were set up by an Act of the Oireachtas (for example, the Consumer and Competition Authority was set up by the Consumer and Competition Protection Act 2014), or established by a Minister or the Government.
Is a GP a public body?
The public authorities covered by the Act include Government departments, local authorities, the police, schools, colleges, universities and NHS bodies. And here is the rub: the definition of public authority under the Act includes individual NHS GPs, dentists, pharmacists and opticians.
What are the FOI exemptions?
FOI exemptions exist to allow public authorities to not publish everything that is asked for in the FOI requests they receive. Applying exemptions to requests is part of a legitimate response to an FOI request – it’s the public authority’s job to consider whether any exemptions apply.
What makes a valid FOI request?
To be valid under the FOIA, a request must fulfil the criteria set out in Section 8 of the Act. (a) is in writing, (b) states the name of the applicant and an address for correspondence, and (c) describes the information requested.
What sort of information can be requested under the FOI?
You’re able to request any information the public body holds. That means any data on printed documents, spreadsheets, images, audio recordings, email communications, or even instant messages sent on work devices can all fall under the scope of an FOI request.
Who does the Freedom of Information Act apply to?
The Freedom of Information Act 2000 provides public access to information held by public authorities. It does this in two ways: public authorities are obliged to publish certain information about their activities; and members of the public are entitled to request information from public authorities.
Can you FOIA private company?
Are private companies covered by the Freedom of Information (FOI) Act? Private companies are not covered by the Freedom of Information Act. Broadly only organisations considered public authorities are covered by the law. This means FOI requests cannot be made to businesses and private companies generally.
What is exempt from FOI?
An absolute exemption means there is no obligation under the FOIA to release the requested information (although there may be other reasons outside the act to do so). A qualified exemption means that the public authority has to assess the balance of the public interest for and against disclosure.
Are GPs exempt from FoI requests?
GPs do not have to publish in their publication schemes any information that would be exempt from disclosure in response to a FOIA request; eg patient records. Information available through a GP’s publication scheme should be readily available at a low cost or at no cost to the public.
Are GP practices subject to FoI?
The FoI Act specifically defines general practices as being within the scope of the Act, so practices must conform to the requirements of the Act. The FoI Act requires every organisation covered by the Act to respond to requests for information as set out below.
When can a FOI be refused?
You can refuse requests if they are repeated, whether or not they are also vexatious. You can normally refuse to comply with a request if it is identical or substantially similar to one you previously complied with from the same requester.
Which of the following are not covered by the Freedom of Information Act?
Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records. Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).
What is not a valid FOI request?
You normally have 20 working days to respond to a request. For a request to be valid under the Freedom of Information Act it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of staff.
Can a Freedom of Information request be denied?
You can contact the person to let them know their request has been refused. An FoI request can be refused if it is likely to cause distress or irritation without any good reason. This is called a “vexatious request” and can be legally refused.
What types of documents are not protected by the Freedom of Information Act of 1996?
Can I foi a private company?
Is a GP practice a public body?
General practitioners (GPs) providing primary medical services under most contracts with the NHS in England and Wales and with HSC Northern Ireland are public authorities in respect of information relating to those services.
Are GPs public authorities?
What happens if FOI request is ignored?
The penalty is a fine. There are no financial or custodial penalties for failure to provide information on request or for failure to publish information. But you could be found in contempt of court for failing to comply with a decision notice, enforcement notice, or information notice.
What types of things can not be requested through FOIA?
Why would a FOIA be denied?
If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request, or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.