WhatDoTheyKnow Policy:Authorities not subject to FOI
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This page is based on an extract of WhatDoTheyKnow policy documentation. Please address any queries to WhatDoTheyKnow.com. The process of developing policies is ongoing and changes are to be expected. |
WhatDoTheyKnow's policy is to include authorities not subject to the FOI act in certain circumstances:
- They have made a commitment to make information available in response to requests; or
- They are subject to Environmental Information Regulations.
- They have substantial public responsibilities e.g.
- they are responsible for public appointments; OR
- receive substantial public funding; OR
- control public assets; OR
- have a public regulatory function (including regulating access to professions); OR
- control significant national infrastructure
- Where they're exempt due to the loophole in the law which means companies owned by two or more public bodies are not subject to the Act.
In all cases public notes ought be added explaining the situation. There is a tag eir_only for the second case, which makes it say new requests to the authority are specifically EIR, rather than FOI.
Example Authorities:
Tagging guidance for bodies not subject to FOI is at:
Example Email
Dear ...
Many thanks for your message,
The Energy Ombudsman is not listed on WhatDoTheyKnow because it is not subject to the Freedom of Information Act. There are many organisations with significant public roles which are not subject to the act. The government has run a consultation on this and there is an expectation that new organisations will be added soon.
WhatDoTheyKnow would be prepared to add the Energy Ombudsman to the site if they would agree to voluntarily comply with the freedom of information act, or to act in the spirit of the act in response to requests. If you are able get such a commitment from them that would be excellent.
Regards etc.
If an authority has been added to WhatDoTheyKnow in error, or the authority ceases to be subject to the act (or ceases to comply voluntarily) the request email can be set to "not_apply". If there have been no requests to the authority it may be reasonable to delete it; leaving it present with an informative public note might be more useful to users.
There is a list on the foiwiki of authorities that 'probably should be subject to FOI but are not'. Please add to this list if you have time: Organisations and officials with public responsibilities that are not subject to the Freedom of Information Act
The above list can also be used by those campaigning for more authorities to be made subject to the Act.
