Book contents
- Frontmatter
- Contents
- Acknowledgements
- Table of statutes and case law
- Abbreviations
- 1 Introduction
- 2 Data Protection Act 1998
- 3 Definitions of personal data
- 4 The scope of the Data Protection Act
- 5 The data protection principles
- 6 Access to personal data
- 7 Data sharing
- 8 The Freedom of Information Act 2000 and Environmental Information Regulations 2004, SI 2004/3391
- 9 Scope of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
- 10 Application of exemptions and exceptions
- 11 The public interest test
- 12 Publication schemes
- 13 Compliance, the Information Commissioner and the Information Tribunal
- 14 Disclosure logs
- 15 Records management – Section 46 code of practice
- 16 Other legislation
- 17 Interaction of the legislation
- 18 Summary
- Appendix 1 Data protection principles
- Appendix 2 Flow chart of FOI
- Appendix 3 Exemptions and exceptions under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
- Appendix 4 Bibliography and useful web addresses
- Appendix 5 Published standards for records management
- Index
- Frontmatter
- Contents
- Acknowledgements
- Table of statutes and case law
- Abbreviations
- 1 Introduction
- 2 Data Protection Act 1998
- 3 Definitions of personal data
- 4 The scope of the Data Protection Act
- 5 The data protection principles
- 6 Access to personal data
- 7 Data sharing
- 8 The Freedom of Information Act 2000 and Environmental Information Regulations 2004, SI 2004/3391
- 9 Scope of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
- 10 Application of exemptions and exceptions
- 11 The public interest test
- 12 Publication schemes
- 13 Compliance, the Information Commissioner and the Information Tribunal
- 14 Disclosure logs
- 15 Records management – Section 46 code of practice
- 16 Other legislation
- 17 Interaction of the legislation
- 18 Summary
- Appendix 1 Data protection principles
- Appendix 2 Flow chart of FOI
- Appendix 3 Exemptions and exceptions under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004
- Appendix 4 Bibliography and useful web addresses
- Appendix 5 Published standards for records management
- Index
Summary
Introduction
The Freedom of Information Act places a duty on all public authorities to produce a publication scheme that shows what information is readily available to the public and it requires that any such scheme be approved by the Information Commissioner:
19(1) It shall be the duty of every public authority –
(a) to adopt and maintain a scheme which relates to the publication of information by the authority and is approved by the Commissioner (in this Act referred to as a ‘publication scheme’),
(b) to publish information in accordance with the scheme and
(c) from time to time review its publication scheme. (FOIA 2000, s. 19)
This is the first part of section 19, which relates to the duty to have a scheme. The title ‘Publication Scheme’ may suggest that only those documents and information that are printed and bound are properly published, but this is not the case. The scheme should cover all information that is readily available to the public, whether it is in a nicely bound booklet, a computer printout, or on the authority's website.
New information will be continually being created and it is for this reason that the Act directs that the scheme should be regularly updated to ensure that the latest information is available in the scheme.
Section 19 also points out that it is not sufficient just having the information listed in the scheme and that the information must be readily available. It is suggested to make occasional spot checks on the scheme to ensure that the information is available on demand from the locations stated.
It will also be noted that the scheme has to be approved by the Information Commissioner (see Chapter 13).
What the scheme should contain
For a legal explanation of what a scheme must contain, reference must first be made to the legislation:
19(2) A publication scheme must –
(a) specify classes of information which the public authority publishes or intends to publish,
(b) specify the manner in which information of each class is, or is intended to be, published and,
(c) specify whether the material is, or is intended to be, available to the public free of charge or on payment. (FOIA 2000, s. 19) (FOIA 2000, s. 19)
This, then, provides an outline for the scheme. It will include the classes of information available, where it can be obtained and whether a fee is applicable.
- Type
- Chapter
- Information
- Information Rights in PracticeThe non-legal professional's guide, pp. 131 - 134Publisher: FacetPrint publication year: 2008