Chapters: 01 | 02 | 03 | 04 | 05 | annex A
1.1 The Freedom of Information Act 2000 creates two important rights of access for any person making a request for information to a public authority [footnote 1]:
1.2 These rights are fundamental to the Act and they are legally enforceable. But they are subject to important limitations. Those limitations are enshrined in the Act, in acknowledgement of the large range of considerations of law and policy which need to be taken into account to achieve a proper balance - the balance intended by Parliament - between the right to know and, where it is in tension with that right, the delivery of effective governance. The Act therefore includes a number of exemptions and limitations designed to enable that balance to be achieved.
1.3 Because the rights of access, and the public interests protected by the exemptions, are so important, any decision to refuse a request for disclosure has to be made with great care. That may be especially so in the case of requests made to central government, which is tasked with serving the public interest in very many interrelating ways, not all of which are compatible with public access to information.
1.4 Giving full effect to the Act requires a very clear focus not only on the fundamental rights of access, but on the full context in which requests for information have to be considered, and making an informed and balanced decision within the terms of the Act and of that context. Those decisions therefore need to be based on a proper analysis of all the circumstances of a given case, and on empirical evidence where appropriate.
1.5 This guidance is a tool-kit for decision-makers to use in deciding whether and why any particular exemption may be relevant and, if so, to make sound decisions about the disclosure and withholding of information.
1.6 The guidance has been prepared by the Department for Constitutional Affairs, which is responsible for freedom of information in general, in wide consultation with those within Government who have expertise and responsibilities in the many areas which may be affected by decisions to disclose or withhold information.
1.7 The Secretary of State for Constitutional Affairs will keep the content of this guidance under review in the light of experience of operating the Act and decisions made by the Information Commissioner, the Information Tribunal and the courts. The guidance will be updated as necessary to reflect this and any subsequent legal and policy changes.
1.8 This guidance is intended for use by officials working in central government departments and executive agencies. It is aimed in the first place at officials at the front line of handling requests for information, but is also intended to guide and support those who will be advising them on the relevant policy and legal contexts within which disclosure decisions will need to be made.
1.9 It should also be read in the context of the two Codes of Practice issued under the Act and is intended to complement guidance on procedure and the best practice for handling requests for information more generally.
1.10 It considers each of the exemptions in turn, looking at both the meaning of the exemption and the nature of the decision-making process to which that exemption may be relevant.
1.11 The guidance cannot comprehensively address all the types of information that might fall within the scope of the exemptions and the circumstances in which they might be engaged. It is not therefore intended to, and cannot, substitute for the need to consult with those who have expertise, or the policy lead, in the areas in which the exemptions may be engaged. Where appropriate, it gives contact details where further advice, information and support may be obtained.
1.12 The guidance has been prepared in conjunction with the Government Legal Service. But it cannot expect to deal with all of the issues which might arise about the terms of the Act and the meaning of the exemptions. Where there is doubt about the interpretation of the Act, or the decision-making process in a given case proves difficult or complex, or the request seems to raise novel issues not covered by this guidance, advice should be sought from the Department for Constitutional Affairs, and if appropriate from departmental lawyers.