Freedom of information
Since the full introduction of the Freedom of Information Act 2000 (“FOIA”) in 2005, getting access to publicly recorded data has never been easier. With requests from the general public, potential litigators and the media, public authorities and their contractors are under pressure to respond. We can advise on these often commercially or politically sensitive requests, ensuring your members and officers stay within the law, and assist you in handling any investigations by the Information Commissioner's Office.
What we do
- Our clients - public authorities and contractors to public authorities.
- Specialist legal advice - from disclosure of third party personal data, appropriate fees limit and the application of the public interest test, to recent decisions by the Information Commissioner’s Office, and on the application of the Environmental Information Regulations 2004 (EIR) and restrictive exemptions.
- Experts in our field - advising clients daily on their obligations under FOIA and EIR and how to apply the exemptions and exceptions from disclosure of information.
- Experienced team - having supported clients with requests from The Guardian, News of the World, and MPs acting on behalf of constituents.
- Regular training courses - on FOIA and EIR and recent decisions by the Information Commissioner’s Office that enforce it.
Featured experience
Public authority client: FOIA from a national newspaper
Advising a public authority client who received a request for the disclosure of documentation under FOIA from a journalist at a national newspaper. There were concerns over the disclosure of minutes from a board meeting where a sensitive issue was discussed. We advised on the application of two complicated statutory exemptions from disclosure and provided the client with a letter for onward transmission to the journalist setting out the reasons for not disclosing the board meeting minutes.
Disclosure request from a leading sector publication
Advising a client who received a request for the disclosure of contents of a confidential report from a leading sector publication. The request was refused by our client and referred to the Information Commissioner. We advised our client as to ways in which it could strengthen its position by relying on additional exemptions and providing further analysis. We drafted a robust response to the Information Commissioner who accepted our arguments in relation to one of the exemptions and upheld our client’s refusal to disclose the report.
Request for information on the legal advice obtained by our client from another public sector body
Instructing Counsel to appear for a client at the Upper Tribunal following a request for information on the legal advice obtained by our client from another public sector body. The requestor was relying upon the EIR, was not represented and did not attend the appeal hearing. We worked with the Information Commissioner’s Office to ensure the Upper Tribunal had all relevant material before it when considering the appeal which was subsequently dismissed.
Key contacts
Matthew Alderton
Partner
Dai Durbridge
Partner
You may be interested in...
Legal Update
New guidance for employers on subject access requests published by the ICO
Legal Update
Are local authority companies subject to the Freedom of Information Act 2000?
In this article we look at local authority companies and whether they are subject to the Freedom of Information Act 2000. And for those that are, what information are they legally obliged to submit.
Legal Update
Avoiding the pitfalls of WhatsApp
The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies. However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.
Legal Update
ICO consultation on research provisions guidance
The data protection legislation (namely, the UK GDPR and Data Protection Act 2018) contain various provisions that deal with the processing of personal data for research purposes.
Published Article
Confidential information and subject access disclosure
In February 2021, the High Court handed down judgment London Borough of Lambeth v AM (No. 2) [2021] EWHC 186 (QB), in which Browne Jacobson LLP acted for the Claimant Council. The judgment is critical reading for public bodies who are required to take action to restrict the use of confidential information in circumstances where that information has been inadvertently disclosed to a third-party.
Legal Update
High Court grants local authority injunction to prevent breach of confidence
This judgment is critical reading for public bodies who need to take action to restrain the use of confidential information in circumstances where that information has been inadvertently disclosed to a third party.
On-Demand - Shared Insights
Shared Insights: Confidentiality and medical records
Legal Update
Dealing with requests for information relating to subject grading
This year, schools are required to assess the grades students would have been likely to have achieved in their GCSE, AS and A level exams. As not all schools are fully open, we have set out guidance on both Freedom of Information, and Subject Access Requests in case you receive either or both types of requests over the next few months.
Legal Update
Procurement and freedom of information
One of Browne Jacobson's advisors fills us in where she recently came across a situation that reminded me of the importance of procurement and freedom of information (FOI) officers in an organisation working together.
On-Demand
Common contractual pitfalls and what you can do to avoid them
During this short webinar our experts will deconstruct the most typically occurring contractual disputes.
Legal Update - Public matters newsletter
Public matters - May 2019
This month includes freedom of information, housing regeneration, Alexander Kuznetsov and London Borough of Camden, EU regulation standard form public procurement notices, expert evidence, child care and immigration, conflicts of interest, information law update, and environmental law.
Video
Developments in information law including the recent Morrisons case
Legal Update
Freedom of information - vexatious and costly requests
Responding to requests under the Freedom of Information Act 2000 (‘the Act’) may be both time consuming and costly for public authorities to manage.