New FoI exemptions by stealth

Posted by Martin Stabe on 6 March 2006 at 14:17
Tags: Freedom of Information, Journalism

One of the great weaknesses of the UK Freedom of Information Act is that one of its provisions makes it possible for the Government to add to the already-long catalogue of reasons to deny requests for information through new legislation.

According to section 44 of the FOIA, public bodies do not have to grant any requests for information that is specifically barred from disclosure by law.

According to a review conducted last year by the Department for Constitutional Affairs (PDF), there are 210 statutory provisions that prohibit disclosure of particular types of information. And nothing prevents the Government from adding to that already-long list with new legislation. Indeed, according to the DCA review, seven new secrecy provisions were enacted between 30 November 2000, when Parliament passed the FOIA, and 1 January 2005, when it came into force.

Now Steve Wood of the UK FOIA Blog has spotted another example: Section 43 of the Public Contracts Regulations 2006, which came into force on 31 January, includes provisions tightening up the commerical confidentiality of public tenders.

Journalists should beware the gradual evisceration of the Freedom of Information Act through laws that expand the Section 44 exemption.

Tags: Freedom of Information, Journalism