What constitutes a freedom of information request?
The Freedom of Information Act applies to any request for recorded information made to a public authority.
Requests for information may be in any form and don't need to mention the Freedom of Information Act, but they must:
- be in writing
- give the applicant's name and a return address
- describe the information that is requested
This is provided for in section 8 of the Act and each of these terms is explained in more detail below.
In writing
As well as hard copy written correspondence, requests that are transmitted electronically (for example, in emails) are acceptable - provided that they are legible and can be used for subsequent reference (that is, they are lasting in nature).
Where a person is unable to put their request in writing, the Section 45 Code of Practice requires a public authority to ensure that appropriate assistance is given to enable that person to make a request for information. This may include advising the person that someone else may be able to help them or make the request on their behalf. In exceptional circumstances, providing appropriate assistance may include offering to take a note of the information that is being requested and sending the note to the applicant for confirmation.
Return address
There is no obligation to comply with a request for information if it does not give a return address.
If a request is received by email and no postal address is given, the email address should be treated as the return address.
Describing the information that is requested
A request for information must describe the information requested. The Information Commissioner's Office encourages applicants to clearly define the information they are seeking in the ICO charter for responsible freedom of information requests.
In some circumstances, applicants may not, at first, describe the information sufficiently precisely for you to be clear about what they want and you may have to ask them for further information to identify the information requested. If you inform the applicant that this is the case, then you are not obliged to comply with the request until further precision is received.
Where a request falls into this category, because it is ambiguous or does not describe the information sufficiently precisely, you are obliged to provide the applicant with advice and assistance so far as it is reasonable to do so. (See Providing advice and assistance for more details).
Who can make a request?
Anyone can make a request for information under the Freedom of Information Act. The Act makes no distinction between requests from people who are citizens of, or who are currently in the UK, Europe or any country in the world. All requests must be treated the same, irrespective of the country of origin.