Freedom of information

This subtopic contains a range of materials concerning freedom of information, focusing on the regime under the Freedom of Information Act 2000 (FIA 2000).

The freedom of information regime

In England, Wales and Northern Ireland the freedom of information regime is governed by FIA 2000, which grants a general right of access to information held by public authorities, while also placing an obligation on such authorities to make certain information available to the public proactively and regularly. The body responsible for enforcing the regime is the Information Commissioner's Office (ICO).

The regime in Scotland contains similar rights governed by different legislation. The Scottish Information Commissioner is responsible for enforcement in relation to Scottish public authorities. Public authorities that span the whole of the UK, such as the BBC or Ministry of Defence, are governed by the regime for England, Wales and Northern Ireland created by FIA 2000.

For introductory guidance on the freedom of information regime, see Practice Notes:

  1. Introduction to freedom of information

  2. Who is subject to the freedom of information regime

Rights and duties under the freedom of information

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Automated decision-making and DSARs: right to access means a right to explainability (CK v Magistrat Der Stadt Wiendun & Bradstreet Austria GMBH)

Information Law analysis: The Court of Justice provided several clarifications around the scope of data subject access requests (DSARs) in the context of automated decision-making. The court held the determining factor for whether information constitutes ‘meaningful information about the logic involved’ under Article 15(1)(h) of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is whether the information enables the data subject to understand the logic involved in automated decision-making involving their personal data. The court also held disclosure by controllers should be underpinned by the principles of transparency, which requires information to be clear, accessible and intelligible, both in terms of content and form, from the perspective of data subjects. In the context of automated decision-making this doesn’t necessarily mean providing the exact algorithm, if it doesn’t help the data subject’s understanding of the ‘how’. The court confirmed DSARs do not mandate the disclosure of trade secrets, but this can only be decided by the relevant supervisory authority or competent court, after assessing all relevant information provided to them by a controller. The protection of trade secrets cannot be used as a blanket excuse by businesses to withhold certain information from individuals making a request under Article 15(1)(h) of the EU GDPR. Written by Marija Nonkovic, associate at Kemp IT Law LLP.

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