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:

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Introduction to freedom of information
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Who is subject to the freedom of information regime

Rights and duties under the freedom of information

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Latest Information Law News

Information Law weekly highlights—21 November 2024

Welcome to this week’s edition of the Information Law weekly highlights: a hand-picked summary of news analysis, updates and new content related to laws governing the use and dissemination of information and personal data. Each week these highlights focus on developments in key topics such as data protection, ePrivacy, cybersecurity, breach of confidence, misuse of private information, and defamation.

ENISA releases report on cybersecurity investments under NIS 2 Directive

The European Union Agency for Cybersecurity (ENISA) has published a report examining the impact of the NIS 2 Directive on cybersecurity investments and organisational maturity. The report reveals a significant increase in information security spending, with 9% of EU IT investments now allocated to this area. ENISA found that 89% of organisations anticipate needing additional cybersecurity staff to comply with NIS 2, while 90% expect an increase in cyberattacks next year. The report also highlights that entities in sectors already covered by the original NIS Directive demonstrate higher cybersecurity performance compared to newly included sectors under NIS 2.

PECR—a serious but non-deliberate breach still warrants a substantial penalty (Monetise Media Ltd v Information Commissioner)

Information Law analysis: In this full-merits review of a monetary penalty notice (MPN), the First-Tier Tribunal (FTT) considered an appeal by Monetise Media Ltd (MML) against the Commissioner's decision to levy a £125,000 MPN in response to a contravention of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). The FTT substituted a lower penalty of £85,000, having found that (i) MML 'instigated' the sending of unsolicited marketing messages by third-party affiliates; (ii) MML did so negligently, but not deliberately; and (iii) the Commissioner had erred in the MPN by using too high a starting point and giving excess weight to aggravating factors. Written by Edward Rees, associate at Stephenson Harwood LLP.

ICO and DSIT launch tool to assess Privacy Enhancing Technologies

The Information Commissioner's Office (ICO) and the Department for Science, Innovation and Technology (DSIT) have jointly published a Privacy Enhancing Technologies (PETs) Cost-Benefit Awareness Tool. This resource is designed to help organisations evaluate the costs and benefits of adopting emerging PETs, such as homomorphic encryption and secure multi-party computation. Accompanied by a checklist, the tool aims to support responsible data use and innovation while safeguarding privacy. The initiative addresses the low uptake of PETs due to challenges in assessing their value, and includes guidance on compliance costs and benefits. A repository of real-world PETs use cases has also been released to illustrate practical applications across various sectors.

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