What is the FOIA statute?
(1966) The Freedom of Information Act (FOIA) is a federal law that generally provides that any person has a right, enforceable in court, to obtain access to federal agency records. It does not apply to records held by Congress, the courts, or by state or local government agencies.
What is the goal of FOIA?
The United States Supreme Court has explained that the, “basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.” The “FOIA is often explained as a means for citizens to know ‘ …
What happens if a FOIA request is ignored?
If the agency denies your request or does not respond within the required time period, you can appeal to the agency’s FOIA Appeals Officer. If the agency sent you a denial letter, it should set out the agency’s appeal procedures.
What information can I get under the Freedom of Information Act?
Under the Freedom of Information Act and the Environmental Information Regulations you have a right to request any recorded information held by a public authority, such as a government department, local council or state school. You can ask for any information you think a public authority may hold.
Can a Freedom of Information request be denied?
The Act recognises that freedom of information requests are not the only demand on the resources of a public authority. You can refuse a request if deciding whether you hold the information would mean you exceed the cost limit, for example, because it would require an extensive search in a number of locations.
Who does FOI Act apply to?
Under the FOI Act, anyone has the right to request any recorded information held by public authorities (eg government departments, local councils, health authorities etc) or by businesses that carry out public functions (eg privatised utility companies).
Who is responsible for the Freedom of Information Act legislation?
The Office of the Information Commissioner oversees the operation of the Act. A second freedom of information law is in existence in the UK, the Freedom of Information (Scotland) Act 2002 (asp 13).
Who is subject to FOI Act?
The Freedom of Information Act 2000 provides public access to information held by public authorities. It does this in two ways: public authorities are obliged to publish certain information about their activities; and. members of the public are entitled to request information from public authorities.
Is the Freedom of Information Act effective?
“The FOI Act is an imperfect tool, but as compared to many other countries’ comparable legislation, it is remarkably effective. Without FOIA, we’d be left with the Administrative Procedure Act and not much else.
What happens if you break the Freedom of Information Act 2000?
There are no financial or custodial penalties for failure to provide information on request or for failure to publish information. But you could be found in contempt of court for failing to comply with a decision notice, enforcement notice, or information notice.
How many days do you have to respond to a Freedom of Information request?
20
Are general practices exempt from Freedom of Information Act?
The ICO has published guidance on the dataset provisions in FOIA. This explains what is meant by “not appropriate” and “capable of re-use”. GPs do not have to publish in their publication schemes any information that would be exempt from disclosure in response to a FOIA request; eg patient records.
Can you submit an FOI over the phone?
If you cannot make your request in writing because of a disability, contact the public authority. They should help you to make the request another way – for example over the phone. You can ask for environmental information in writing, in person or by phone.
Are GPS subject to FOI?
This authority is not subject to FOI law, so is not legally obliged to respond (details). The Royal College of General Practitioners is not subject to the Freedom of Information act but we list it here due to its significant public role in regulating the profession and controlling access to it.
How long does the NHS have to respond under the Freedom of Information Act?
20 working days
How do I request a Freedom of Information NHS?
If you would like to make a request for information under the Freedom of Information Act 2000, email your request to [email protected]. We will respond to your request within 20 working days.