Freedom of information

This subtopic contains a range of materials concerning freedom of information, focusing on the regime under the Freedom of Information Act 2000 (FIA 2000).

The freedom of information regime

In England, Wales and Northern Ireland the freedom of information regime is governed by FIA 2000, which grants a general right of access to information held by public authorities, while also placing an obligation on such authorities to make certain information available to the public proactively and regularly. The body responsible for enforcing the regime is the Information Commissioner's Office (ICO).

The regime in Scotland contains similar rights governed by different legislation. The Scottish Information Commissioner is responsible for enforcement in relation to Scottish public authorities. Public authorities that span the whole of the UK, such as the BBC or Ministry of Defence, are governed by the regime for England, Wales and Northern Ireland created by FIA 2000.

For introductory guidance on the freedom of information regime, see Practice Notes:

  1. Introduction to freedom of information

  2. Who is subject to the freedom of information regime

Rights and duties under the freedom of information

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Speech by Lord Sales on regulatory approaches to AI in public administration

The Supreme Court has published a speech given at Singapore Management University by Lord Sales, analysing the rise of automated decision-making (ADM) in government and the emerging divergence in regulatory approaches to AI worldwide. He contrasts the UK's ‘soft law’ approach using guidelines and frameworks with the EU's comprehensive AI Act, noting the role of data protection legislation and the need to examine the full range of policy options being explored in different jurisdictions. Discussing the court’s role in protecting public law values, Lord Sales observes that as ADM increasingly ‘takes over public functions’ it is inevitable that judicial review claims will increasingly concern AI. He examines how cases like R (Johnson) v Secretary of State for Work and Pensions [2020] EWCA Civ 778 and Bridges v South Wales Police [2020] EWCA Civ 1058 demonstrate the capacity of judicial review to respond to some of the associated AI risks, highlighting the judiciary’s role in developing doctrine to embed and defend public law values. While technology develops at pace, Lord Sales notes that these underlying values are likely to remain unchanged, with ‘commitment to legality, transparency, accountability, and human dignity’ remaining ‘central to the legitimacy of public administration’, whether ADM is used or not. In conclusion, Lord Sales, emphasises that robust mechanisms to safeguard public law values must be embedded in ADM design and implementation to ensure that automation serves, rather than undermines, good governance and the rule of law.

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