Individual Rights of Access
Individuals already have the right of access to information about them ('personal data') which is held on computer, and in some paper files, under the Data Protection Act 1998 . As far as public authorities are concerned, Freedom of Information extends this right to allow access to all the types of information held, whether personal or non-personal. This right came into effect in January 2005.
The Act does, however, set out some exemptions to this right and it also places a number of obligations on public authorities about the way in which they provide information. Subject to the exemptions anyone making a request has the right to be told whether information exists and the right to receive the information. In general, a response must be provided within 20 working days.
Information Concerning Police Investigations
Police investigations are conducted with due regard to the confidentiality and privacy of victims, witnesses and suspects. Such investigations may also frequently involve the use of policing tactics or techniques that, if widely known, would hinder the ability of the police service to prevent and detect crime. It is further recognised that the release of information concerning current investigations may compromise any subsequent court proceedings.
For these reasons the police service will, in most cases, seek to apply an exemption to prevent the release of information concerning investigations when requested under the Freedom of Information Act, 2000.
Whilst adopting this general position, there is full recognition that in some cases there will be significant and compelling issues of public interest that require the disclosure of information. However, to override issues of personal privacy and possible harm to individuals involved in the investigation, this public interest must be significantly more than mere curiosity or interest in a particular investigation.
In order to ensure that these public interest issues are fully considered, all applications for information concerning investigations will be considered on a case-by-case basis in accordance with the requirements of the Act.
Advice & Assistance
There is a duty on public authorities to provide advice or assistance to anyone seeking information (for example in order to explain what is readily available or to clarify what is wanted).
Download the ACPO Freedom of Information Manual (PDF). This contains advice on making a request and explanations of the exemptions that may be applied to information.