UK Civil Service Test 17
5 min40 WPM required306 words
Click on the passage and start typing to begin.
The Freedom of Information Act 2000 gives any person the right to request recorded information held by public authorities, and the Act has had a profound impact on the transparency of public sector decision-making in the UK since it came fully into force in January 2005, enabling journalists, researchers, campaigners, and ordinary citizens to access information that was previously available only to those with inside connections. The section 1 right of access created by the Act has two components: the right to be informed whether a public authority holds information falling within the description specified in the request, and the right to have that information communicated if it is held, with both rights being subject to the application of exemptions. Absolute exemptions in the Act apply where Parliament has determined that the public interest in withholding information always outweighs the public interest in disclosure, and they include information relating to the security services, court records, and information provided in confidence that would constitute an actionable breach of confidence if disclosed. Qualified exemptions require public authorities to apply a public interest test to determine whether, in all the circumstances of the particular case, the public interest in maintaining the exemption outweighs the public interest in disclosure, and this balancing exercise requires careful judgement about the likely consequences of disclosure in each specific case. The public interest test has generated an extensive body of case law through decisions of the Information Commissioner and the Information Tribunal, and FOIA officers in public authorities must apply this developing jurisprudence consistently and in good faith. Refusal notices must be issued promptly, must identify the specific exemption being applied, and must explain the public interest reasoning in sufficient detail for the requester to understand the basis of the decision and to make an informed decision about whether to seek an internal review.