The ILiS Do It Yourself Guide Number 5

The Freedom of Information Act (FOI Act)

This ILiS DIY guide:

  • Tells you a little bit about what the FOI Act is.
  • Tells you how you can use it.
  • Tells you where you can get more information.

This guide is in ten parts:

  1. What is the FOIAct?
  2. What are my rights and responsibilities?
  3. What must public bodies do?
  4. What types of information might be covered?
  5. Why might a request be refused?
  6. What happens if my request is refused?
  7. How can it help me?
  8. An example of the FOI Act being used.
  9. What can I do?
  10. Where can I get more information?
  1. What is the FOI Act?

The FOI Act gives us the right to see information from public bodies. They must not make it difficult for us to get information. Public bodies are organisations like Government, councils, the police, universities and health boards. The Information Commissioner makes sure public bodies stick to the law.

  1. What are my rights and responsibilities?

You can ask a public body to explain what information it holds. This will help you write your request as clearly as possible. Public bodies are not allowed to ask why you want the information.

There are two main rules to remember when you make a request:

  • You must ask for the information by e-mail, or by sending a letter. You can use Braille, or audio or video.
  • You need to give a contact name and address. An e-mail address will do.
  1. What must public bodies do?

A public bodymust not ignore a request for information. A public body must help you find the information you are looking for. If they do not have the information they must tell you where to find it.

  1. What types of information is covered?

The FOI Act covers many types of information:

  • reports
  • letters
  • e-mails
  • minutes of meetings
  • spreadsheets
  • presentations
  • CCTV footage
  1. Why might a FOI Act request be refused?

The public body must tell you in writing if they hold the information you have asked for. They have up to 20 days to send you the information.

Sometimes a public body can refuse to give you the information you asked for. This might be if:

  • They do not have the information.
  • It costs too much to get it.
  • If they think you have asked for the information just to cause trouble.
  • If you have asked for the same information already.
  • Some information is not covered by the FOI Act.

Personal information is not covered by the FOI Act. The Data Protection Act 1998 gives you the right to see information about yourself. The Access to Medical Reports Act says you can see medical reports about yourself.

  1. What happens if my request is refused?

If you have not been allowed to get the information a “Refusal Notice” will be sent to you explaining why. You can make an appeal to the Information Commissioner if you disagree with this.

  1. How can the FOI Act help me?

Public bodies in Scotland make many decisions that affect disabled people and independent living:

  • Decisions about local services.
  • Decisions about who gets housing adaptations.
  • Decision about which companies provide services, like personal care services.
  1. An example of the FOI Act being used.

Inclusion Scotland is a Scottish disability organisation. They used the FOI Act to ask all the local councils in Scotland for information about accessible housing. The information they received helped them tell the Government and councils to change their policies.

  1. What can I do?

You or any group you belong to could use a FOI Act request to get information to help you:

  • Deal with one problem
  • Change a policy.
  • Understand differences between the policies of different public bodies.
  • Prove that a policy is not working properly.
  • Show if public bodies involvedisabled people.
  1. Where can I get more information?

You may find it helpful to read the other ILiS guides about Research, Policy and Public Petitions.

A lot of information is available online. Ask someone to help you find the information you need. Most websites have information available in other formats. If they do not, ask them to make their information accessible to everyone.

Scottish Information Commissionerguides:

Consumer Focus Scotland "What's on My Record?"

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