Tread carefully when responding to Freedom of Information requests

In a recent case the Information Commissioner found Aberdeenshire Council to have breached FOI legislation. 

There is no doubt that the right to access information held by public authorities is a frequently used tool by individuals and organisations alike for matters that are of personal interest. The possible reasons behind a request can even be taken in to account when applying the “public interest” test to decide if the general public has a stronger right to know that information, than any possible right a public authority might have to withhold the information. 

Clearly there is a line to be drawn from the information commissioner’s most recent recommendations and public authorities should be mindful of their responsibilities to comply with both the legislative requirements, and the principles of good practice outlined in the published codes of practice. Remaining “applicant blind” is an overarching principle when responding to all requests.

“Authorities should ensure there is a clearly established responsibility at a senior level within the organisation for overseeing compliance with the regimes and creating a culture supportive of the public’s right to know.” 

Harper Macleod has a leading public sector team that can provide the necessary support for freedom of information responses.