FOI Act

FOI ACT What is the Freedom of Information Act 2000? 

The Freedom of Information Act 2000 ('the FOIA') came fully into force on  1 January 2005. The FOIA is part of a broader government initiative encouraging a general right of access to information held by public bodies. The FOIA gives a right of access to all types of 'recorded' information held by public authorities.

Section 1(1) of the FOIA places two obligations on the public authorities: the duty to confirm or deny that it holds the information being sought; and the duty to communicate that information.

The FOIA also requires public bodies to maintain publication schemes setting out the information which the authority publishes or intends to publish. 

Why is FOIA important? 

The FOIA is intended to promote openness and accountability in the way public bodies operate. Thus, the FOIA is designed to facilitate understanding of how public authorities carry out their functions and the decisions they reach.

 Why do further education colleges have to comply with the FOIA?

 Further education colleges are regarded as public authorities for the purposes of the FOIA. It is important to be aware of the college's obligations under the FOIA so that the college can deal with requests for information appropriately and within the FOIA time limit. The accompanying documents are designed to assist the College in understanding the FOIA and provide a step by step guide in dealing with a request. 

 The documents are: Basic principles of the Freedom of Information Act 2000 

This provides a general overview setting out the basic law and main aspects that the College needs to be aware of. The briefing touches upon publication schemes but focuses on how to identify a valid request and sets out the main aspects in dealing with a request. It also outlines possible exemptions and the potential consequences for failure to comply with the FOIA.  

To find out more information regarding the Basic Principles, please visit the Ministry of Justice website here.