Freedom of Information Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section 39 — Environmental information.
Environmental information. 39 1 Information is exempt information if the public authority holding it— a is obliged by environmental information regulations to make the information available to the…
Section 40 — Personal information.
Personal information. 40 1 Any information to which a request for information relates is exempt information if it constitutes personal data of which the applicant is the data subject. 2 Any…
Section 41 — Information provided in confidence.
Information provided in confidence. 41 1 Information is exempt information if— a it was obtained by the public authority from any other person (including another public authority), and b the…
Section 42 — Legal professional privilege.
Legal professional privilege. 42 1 Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal…
Section 43 — Commercial interests.
Commercial interests. 43 1 Information is exempt information if it constitutes a trade secret. 2 Information is exempt information if its disclosure under this Act would, or would be likely to,…
Section 44 — Prohibitions on disclosure.
Prohibitions on disclosure. 44 1 Information is exempt information if its disclosure (otherwise than under this Act) by the public authority holding it— a is prohibited by or under any enactment, b…
Section 45 — Issue of code of practice by the Minister for the Cabinet Office .
Issue of code of practice by the Minister for the Cabinet Office . 45 1 The Minister for the Cabinet Office shall issue, and may from time to time revise, a code of practice providing guidance to…
Section 46 — Issue of code of practice by Secretary of State .
Issue of code of practice by Secretary of State . 46 1 The Secretary of State shall issue, and may from time to time revise, a code of practice providing guidance to relevant authorities as to the…
Section 47 — General functions of Commissioner.
General functions of Commissioner. 47 1 It shall be the duty of the Commissioner to promote the following of good practice by public authorities and, in particular, so to perform his functions under…
Section 48 — Recommendations as to good practice.
Recommendations as to good practice. 48 1 If it appears to the Commissioner that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with…
Section 49 — Reports to be laid before Parliament.
Reports to be laid before Parliament. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 50 — Application for decision by Commissioner.
Application for decision by Commissioner. 50 1 Any person (in this section referred to as “ the complainant ”) may apply to the Commissioner for a decision whether, in any specified respect, a…
Section 51 — Information notices.
Information notices. 51 1 If the Commissioner— a has received an application under section 50, or b reasonably requires any information— i for the purpose of determining whether a public authority…
Section 52 — Enforcement notices.
Enforcement notices. 52 1 If the Commissioner is satisfied that a public authority has failed to comply with any of the requirements of Part I, the Commissioner may serve the authority with a notice…
Section 53 — Exception from duty to comply with decision notice or enforcement notice.
Exception from duty to comply with decision notice or enforcement notice. 53 1 This section applies to a decision notice or enforcement notice which— a is served on— i a government department, ii the…
Section 54 — Failure to comply with notice.
Failure to comply with notice. 54 1 If a public authority has failed to comply with— a so much of a decision notice as requires steps to be taken, b an information notice, or c an enforcement notice,…
Section 55 — Powers of entry and inspection.
Powers of entry and inspection. 55 Schedule 3 (powers of entry and inspection) has effect.
Section 56 — No action against public authority.
No action against public authority. 56 1 This Act does not confer any right of action in civil proceedings in respect of any failure to comply with any duty imposed by or under this Act. 2 Subsection…
Section 57 — Appeal against notices served under Part IV.
Appeal against notices served under Part IV. 57 1 Where a decision notice has been served, the complainant or the public authority may appeal to the Tribunal against the notice. 2 A public authority…
Section 58 — Determination of appeals.
Determination of appeals. 58 1 If on an appeal under section 57 the Tribunal considers— a that the notice against which the appeal is brought is not in accordance with the law, or b to the extent…
Section 59 — Appeals from decision of Tribunal.
Appeals from decision of Tribunal. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 60 — Appeals against national security certificate.
Appeals against national security certificate. 60 1 Where a certificate under section 23(2) or 24(3) has been issued— a the Commissioner, or b any applicant whose request for information is affected…
Section 61 — Appeal proceedings
Appeal proceedings 61 1 Tribunal Procedure Rules may make provision for regulating the exercise of rights of appeal conferred by sections 57(1) and (2) and 60(1) and (4). 2 In relation to appeals…
Section 62 — Interpretation of Part VI.
Interpretation of Part VI. 62 1 For the purposes of this Part, a record becomes a “ historical record ” at the end of the period of twenty years beginning with the year following that in which it was…
Section 63 — Removal of exemptions: historical records generally.
Removal of exemptions: historical records generally. 63 1 Information contained in a historical record cannot be exempt information by virtue of section ... 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43…
Section 63A — Application to Parliament.
Application to Parliament. 63A 1 Subject to the following provisions of this section and to section 35A, this Act applies to the processing of personal data by or on behalf of either House of…
Section 64 — Removal of exemptions: historical records in public record offices.
Removal of exemptions: historical records in public record offices. 64 1 Information contained in a historical record in the Public Record Office or the Public Record Office of Northern Ireland…
Section 65 — Decisions as to refusal of discretionary disclosure of historical records.
Decisions as to refusal of discretionary disclosure of historical records. 65 1 Before refusing a request for information relating to information which is contained in a historical record and is…
Section 66 — Decisions relating to certain transferred public records.
Decisions relating to certain transferred public records. 66 1 This section applies to any information which is (or, if it existed, would be) contained in a transferred public record, other than…
Section 67 — Amendments of public records legislation.
Amendments of public records legislation. 67 Schedule 5 (which amends the Public Records Act 1958 and the Public Records Act (Northern Ireland) 1923) has effect.
Section 68 — Extension of meaning of “data”.
Extension of meaning of “data”. 68 1 Section 1 of the Data Protection Act 1998 (basic interpretative provisions) is amended in accordance with subsections (2) and (3). 2 In subsection (1)— a in the…
Section 69 — Right of access to unstructured personal data held by public authorities.
Right of access to unstructured personal data held by public authorities. 69 1 In section 7(1) of the Data Protection Act 1998 (right of access to personal data), for “sections 8 and 9” there is…
Section 70 — Exemptions applicable to certain manual data held by public authorities.
Exemptions applicable to certain manual data held by public authorities. 70 1 After section 33 of the Data Protection Act 1998 there is inserted— Manual data held by public authorities. 33A 1…
Section 71 — Particulars registrable under Part III of Data Protection Act 1998.
Particulars registrable under Part III of Data Protection Act 1998. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 72 — Availability under Act disregarded for purpose of exemption.
Availability under Act disregarded for purpose of exemption. 72 In section 34 of the Data Protection Act 1998 (information available to the public by or under enactment), after the word “enactment”…
Section 73 — Further amendments of Data Protection Act 1998.
Further amendments of Data Protection Act 1998. 73 Schedule 6 (which contains further amendments of the Data Protection Act 1998) has effect.
Section 74 — Power to make provision relating to environmental information.
Power to make provision relating to environmental information. 74 1 In this section “ the Aarhus Convention ” means the Convention on Access to Information, Public Participation in Decision-making…
Section 75 — Power to amend or repeal enactments prohibiting disclosure of information.
Power to amend or repeal enactments prohibiting disclosure of information. 75 1 If, with respect to any enactment which prohibits the disclosure of information held by a public authority, it appears…
Section 76 — Disclosure of information between Commissioner and ombudsmen.
Disclosure of information between Commissioner and ombudsmen. 76 1 The Commissioner may disclose to a person specified in the first column of the Table below any information obtained by, or furnished…
Section 76A — Disclosure between Commissioner and Scottish Information Commissioner
Disclosure between Commissioner and Scottish Information Commissioner 76A The Commissioner may disclose to the Scottish Information Commissioner any information obtained or furnished as mentioned in…
Section 76B — Disclosure of information to Tribunal
Disclosure of information to Tribunal 76B 1 No enactment or rule of law prohibiting or restricting the disclosure of information precludes a person from providing the First-tier Tribunal or the Upper…
Section 77 — Offence of altering etc. records with intent to prevent disclosure.
Offence of altering etc. records with intent to prevent disclosure. 77 1 Where— a a request for information has been made to a public authority, and b under section 1 of this Act ... the applicant…
Section 78 — Saving for existing powers.
Saving for existing powers. 78 Nothing in this Act is to be taken to limit the powers of a public authority to disclose information held by it.
Section 79 — Defamation.
Defamation. 79 Where any information communicated by a public authority to a person (“ the applicant ”) under section 1 was supplied to the public authority by a third person, the publication to the…
Section 80 — Scotland.
Scotland. 80 1 No order may be made under section 4(1) or 5 in relation to any of the bodies specified in subsection (2); and the power conferred by section 74(3) does not include power to make…
Section 80A — Information held by Northern Ireland bodies
Information held by Northern Ireland bodies 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 81 — Application to government departments, etc.
Application to government departments, etc. 81 1 For the purposes of this Act each government department is to be treated as a person separate from any other government department. 2 Subsection (1)…
Section 82 — Orders and regulations.
Orders and regulations. 82 1 Any power of the . . . Secretary of State or the to make an order or regulations under this Act shall be exercisable by statutory instrument. Minister for the Cabinet…
Section 83 — Meaning of “Welsh public authority”.
Meaning of “Welsh public authority”. 83 1 In this Act “ Welsh public authority ” means— a any public authority which is listed in Part II, III, IV or VI of Schedule 1 and whose functions are…
Section 84 — Interpretation.
Interpretation. 84 In this Act, unless the context otherwise requires— “ applicant ”, in relation to a request for information, means the person who made the request; “ appropriate Northern Ireland…