Guidance on validity of FOI requests
following Court of Session Opinion on 30 September 2009
On 27 January 2010, the Commissioner published important new guidance explaining the practical effects for public authorities and applicants of the Opinion of the Court of Session in Glasgow City Council v Scottish Information Commissioner. The Court found that, in the particular circumstances of the case, the requests were invalid. The guidance provides practical advice on the interpretation of information requests, alongside the important duty to advise and assist applicants. It expands on the following points:
Requests for documents, or copies of documents
- The Freedom of Information (Scotland) Act 2002 (FOISA) provides a right of access to information and not a right of access to copies of specific documents.
- Authorities should not automatically refuse requests for copies of documents, as long as it is reasonably clear from the request that it is the information recorded in the document that the applicant wants.
- Requesting a document (e.g. a report, a minute or a contract) is a commonplace way to describe information. Where it is reasonably clear that a request is for the information contained in a document, the authority should respond to the request as one properly made under FOISA.
- If a request is for a document, but it is not reasonably clear what information is being requested, the authority should contact the applicant to seek clarification.
Requests on behalf of other people
- There is nothing to stop someone making a request on behalf of another person.
- An information request must contain the name of the applicant. Requests on behalf of someone else must name the third party (the 'true applicant').
- Authorities must advise and assist applicants to make requests. If a request is made on behalf of an unnamed person, the authority should provide reasonable advice and assistance to the applicant to explain what needs to be done in order for a valid request to be made.
If an authority rejects a request as being 'invalid', it is important that the authority advises the applicant of the right to request a review and, if still dissatisfied, to make an application to the Commissioner for a decision.
Authorities are urged to read the Commissioner's detailed guidance, which can be downloaded below, and review their procedures in the light of it. In the event that an authority has determined any requests invalid on either ground following the Court of Session Opinion, the Commissioner advises the authority to review those requests and satisfy itself that it has complied with its responsibilities under the legislation, including advice about the right to request a review.
Contact us of you have any enquiries on this guidance, or any other aspect of freedom of information law, by email on enquiries@itspublicknowledge.info or call 01334 464610.
Guidance on validity of requests following Court of Session Opinion (Pdf - 119Kb)