Guide · Information Rights

Freedom of Information Act 2000 in plain English

The basic FOIA structure: the right to recorded information, public authorities, response duties, exemptions, internal review and ICO escalation.

FOIA is about recorded information held by public authorities.

It is not a general right to explanations or to your own personal data. A request can ask whether information is held and, subject to exemptions and procedural rules, for that information to be communicated.

The ordinary deadline is generally 20 working days.

Working days exclude weekends and relevant public holidays. Special rules can apply to some bodies and a limited amount of additional time can arise where a qualified exemption requires a public-interest test.

Refusal should identify the basis and route onward.

Where an exemption is relied on, the authority should explain the statutory basis as required. An internal review is normally the next challenge stage before an ICO complaint.

FOIA does not override data-protection rules for your own personal data.

Where the requested information is your personal data, the access route is ordinarily the data-protection framework. For third-party personal data requested under FOI, the personal-information exemption and data-protection principles can be central to the disclosure decision.

Internal review is the practical gateway to the ICO.

FOIA does not contain the same statutory internal-review provision as EIR, but the Code of Practice and ICO guidance expect a fair internal review process. Reviews should normally be sought promptly and the ICO generally expects you to use that route before complaining to it.

Part II exemptions determine what can be withheld.

Some exemptions are absolute; qualified exemptions require public-interest balancing. Some exemptions depend on prejudice. A refusal notice should identify the provision relied upon and give enough reasoning for you to understand and challenge the decision, subject to any lawful “neither confirm nor deny” position.

The normal deadline is 20 working days.

Section 10 requires most public authorities to comply promptly and in any event no later than 20 working days after receipt, subject to specific variations. A qualified-exemption public-interest test can justify additional reasonable time, but the authority should identify the relevant exemption and explain the extension rather than simply send a generic delay notice.

FOIA creates a right to recorded information, not a right to interrogate officials.

A valid request can require the authority to confirm whether it holds information and to provide held information, subject to the Act. It does not oblige staff to create a new analysis or answer “why” where the answer was never recorded. Reframe questions as requests for existing records where possible.