Bevan Brittan LLP

Requests under the Freedom of Information Act 2000 (FIA 2000) cover all aspects of public work. Where the request under FIA 2000 is ambiguous, the receiving public authority should seek clarification from the requester and provide advice and assistance to help phrase the request in clearer terms. This Practice Note considers how to read a request objectively, what to look out for in ambiguous wording, how to request clarification and the effect of seeking clarification on the timetable for responding.

This Practice Note considers the provisions for refusing vexatious or repeated requests under section 14 of the Freedom of Information Act 2000.

This Practice Note is a ‘how to’ guide giving practical guidance on how to identify personal data in freedom of information (FOI) requests and assess whether it is exempt from disclosure under section 40 of the Freedom of Information Act 2000 (FIA 2000).Is the information ‘personal data’Personal data is information about a living individual from which they can be identified, and which relates to them. This is essentially a three-stage test:•Can an individual be identified or distinguished from other individuals?•Is the individual living?•Does the information relate to the individual, or is it about them?IdentificationThe first stage of the test is to understand whether the information in question enables the public to identify an individual. When assessing whether an individual is identifiable, take into account not only the information that you hold, but any other information that is available to the public that may enable them to uncover the identity of the individual.Example:

This Practice Note is a ‘how to’ guide providing practical guidance on how to identify and assess potential vexatious freedom of information requests under section 14 of the Freedom of Information Act 2000 (FIA 2000).Identify potential requestsA vexatious request may have the following hallmarks:•a persistent requester•no public value in the information•part of a campaign against the public authority or individuals•personal attacks on individuals•allegations of improper or illegal behaviour without foundation•reopening issues that have already been dealt with and concluded•inappropriate tone and language•motive of the requester is to cause disruption or private gain rather than a genuine desire to request information relevant to the publicIf any of these are present, then FIA 2000, s 14 can be considered as an applicable exemption.Apply the relevant testThe test for whether a request is vexatious is where the burden on the public authority outweighs the public value.Assessing

This Practice Note is a ‘how to’ guide providing practical guidance on how to draft and issue a refusal notice in response to a Freedom of Information Act 2000 (FIA 2000) request, including confirming whether information is held, considering the requester’s preferred format and applying any relevant exemptions.Both FIA 2000 and the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391 provide a right of access to recorded information held by public authorities. This guide focuses on FIA 2000. For further reading on EIR 2004, see: Environmental information—overview.This guide does not cover the various grounds for refusing an FOI request or withholding information. For details, see Practice Notes: Absolute exemptions to a freedom of information request and Qualified exemptions to a freedom of information request.Key legislation and guidanceThis guide should be read in conjunction with the following legislation, code of practice and guidance from the Information Commission (ICO):•FIA 2000•Cabinet Office—Freedom of Information Code of Practice•ICO—Guidance: Recognising a request made under

This Practice Note is a ‘how to’ guide providing practical guidance on responding to a freedom of information (FOI) request, focusing on requests under the Freedom of Information Act 2000 (FIA 2000).Both FIA 2000 and the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391 provide a right of access to recorded information held by public authorities. This guide focuses on FIA 2000. For further reading on EIR 2004, see: Environmental information—overview.This guide does not cover the various grounds for refusing an FOI request or withholding information. For details, see Practice Notes: Absolute exemptions to a freedom of information request and Qualified exemptions to a freedom of information request.Key legislation and guidanceThis guide should be read in conjunction with the following legislation, code of practice, and guidance from the Information Commission’s Office (ICO):•FIA 2000•Freedom of Information Code of Practice•ICO—Guide to dealing with an FOI request•ICO—Information you hold for the purpose of FOIA•ICO—Requests where the cost

This Practice Note considers some of the most common procedural traps and issues that public authorities and requesters may face in relation to requests for information under the Freedom of Information Act 2000 (also known as FOI requests). It refers to guidance and decisions of the Information Commissioner’s Office (ICO) to illustrate common pitfalls and distinctions made in practice.