FOIA Section 12 Exemption

Exemption where cost of compliance exceeds appropriate limit

Section 12 of the Freedom of Information Act allows public authorities to refuse to answer requests for information if the cost of complying would exceed the 'appropriate limit' prescribed in the Fees Regulations (SI 2004/3244).
MoJ Guidance.

Appropriate limits

• Central government departments: £600
• Other departments: £450

• The list of Central Government deparments is listed in Schedule 1 Part 1 of the FOI Act

Rules on calculating costs

• aggregation of similar requests you've made
• DCA guidance: http://www.dca.gov.uk/foi/practitioner/feesguidance.htm

The Regulations only allow some costs to be counted. Specifically, the costs it incurs in:

(a) determining whether it holds the information,

(b) locating the information, or a document which may contain the information,

(c) retrieving the information, or a document which may contain the information, and

(d) extracting the information from a document containing it.

and if those costs are attributable to the time people spend on those activities, they must be charged at £25/hr (whatever the staff time actually costs).

The costs of removing information that was requested but is exempt under FOIA do not fall within the scope of the Fees Regulations. This was confirmed explicitly by the Information Tribunal in The Chief Constable of South Yorkshire Police v IC EA/2009/0029.

Requirement to provide advice and assistance

• ICO: http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/awareness_guidance_23_-_advice_and_assistance.pdf
• Code of Practice: http://www.dca.gov.uk/foi/reference/imprep/codepafunc.htm

Charging fees

• Code of Practice: http://www.dca.gov.uk/foi/reference/imprep/codepafunc.htm

Freedom of Information Act 2000

Exemptions

12 21 22 22A 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44