# Freedom of information: FOIA 2000 overview

> **Key takeaway:** FOIA s.1 right of access. 20 working days. Absolute vs qualified exemptions + PI test (s.2). s.14 vexatious. s.40 personal data. ICO then Tribunal. EIR separate for environmental info.

- **Jurisdiction:** England & Wales
- **Practice area:** Public Law
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/PublicLaw/freedom-of-information-overview
- **Keywords:** freedom of information, FOIA 2000, public interest test, exemptions, ICO, section 14, public authority, EIR

## What is this about?

The Freedom of Information Act 2000 gives a general right of access to recorded information held by public authorities, subject to exemptions and the public interest balance for qualified exemptions. The ICO and Tribunal system enforce the regime.

## What is the core rule?

Any person may request information from a public authority (FOIA s.1). The authority must confirm or deny holding information and communicate it unless an exemption applies. Absolute exemptions (e.g. certain security/national bodies contexts) bite without public interest balance; qualified exemptions require a public interest test (s.2). Time limit is ordinarily 20 working days. Vexatious or repeated requests may be refused (s.14). Personal data is largely routed through data protection (s.40).

## What are the elements or test?

1. Is the body a public authority under FOIA?
2. Is the request valid (describe information; contact details)?
3. Information held? Duty to confirm or deny?
4. Which exemption(s)? Absolute or qualified?
5. Public interest balance for qualified exemptions?
6. Internal review and ICO complaint route?

## Which authorities matter?

- **Freedom of Information Act 2000 (especially ss.1–17, 40, 58–61)** — Primary access regime, exemptions structure, and appeals pathway.
- **Information Commissioner / First-tier Tribunal (Information Rights) case law** — Practical development of exemptions such as s.35/s.36/s.43 — fact-sensitive.
- **Department for Business, Enterprise and Regulatory Reform v O'Brien [2009] EWHC 164 (QB) / later appellate FOIA authorities** — Illustrative litigation on public interest balancing — always check current leading cases for the exemption in play.

## How does this apply in practice?

EIR 2004 apply to environmental information with a different exemption scheme. Scotland has FOISA. Commercial clients often use FOIA for regulatory intelligence — watch confidentiality and s.41/s.43 issues when information was supplied by third parties.

## What are common pitfalls?

- Applying FOIA exemptions to EIR requests without checking the correct regime
- Late responses beyond 20 working days without lawful basis
- Over-redacting without citing exemptions
- Ignoring internal review before ICO in client strategy timelines

## When would a practitioner use this?

Advising public authorities on refusals; claimant strategies for disclosure; commercial intelligence requests.

## Quick reference

FOIA s.1 right of access. 20 working days. Absolute vs qualified exemptions + PI test (s.2). s.14 vexatious. s.40 personal data. ICO then Tribunal. EIR separate for environmental info.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*