Nowadays, it may feel like there’s so much information out there – so much of your information – being passed between companies and organisations and third parties. But you have more power over the data-sphere than you think, and can access this data through two key areas; the Freedom of Information Act, and your Right to Access.

Your Data Rights

We’ve just covered a series on people’s rights concerning their data – especially the data held by private companies. You can find it here: https://bivika.com/2022/10/26/peoples-rights-under-uk-gdpr/

Within it, there is the right to access – https://bivika.com/2022/11/09/right-of-access/ – which gives people the right to make a Subject Access Request. You can obtain a copy of their personal data, as well as other supplementary information, from private companies.

Freedom of Information Requests

The FoIA 2000 gives the public the right to ask to see information held by UK public authorities, including parliament, the armed forces, devolved administrations, local authorities, the NHS, schools, universities and police forces. A more detailed list can be found here: http://www.foi.directory/who-is-covered-by-the-foi-act/

A FoI request covers an organisation’s recorded information, both digital and printed, such as:

• official documents,
• computer files,
• letters,
• internal communication,
• photographs,
• CCTV recordings,
• drafts,
• datasets,
• and sound or video recordings.

It doesn’t cover:

• an employee’s purely private information,
• requests where the cost for complying is over £450, or £600 for central departments, parliament, and the armed forces,
• vexatious, distressing, or harmful requests,
• repeated requests,
• an absolute exemption applies, such as court records or parliamentary privilege,
• or a qualified exemption applies, based on a public interest test (PIT), such as trade secrets or research information.

A more detailed list of exemptions can be found here: https://ico.org.uk/for-organisations/guide-to-freedom-of-information/refusing-a-request/

Our next blog post will cover how to make and how to respond to an FoI Request, so make sure to check back in next week to find out more. If you have any questions, need advice, or want to find out more, feel free to contact us below.