Freedom of Information: A Practical Guide to Implementing the Act

Citation

Horning, E. (2005), "Freedom of Information: A Practical Guide to Implementing the Act", Library Management, Vol. 26 No. 8/9, pp. 523-524. https://doi.org/10.1108/01435120510631819

This handbook offers practical guidance for the implementation of the Freedom of Information (FOI) Act 2000. It is not a legal textbook, but a step‐by‐step manual for people who are carrying out FOI duties in their own organisation. The author stresses in his introduction that “if an organization [sic.] discharges a public function (and this may well include some parts of the private sector), it will be covered by the legislation).” A daunting task indeed, but fear not, for help is at hand. All aspects of everyday FOI work, from records management issues to staff training, are covered.

Kelvin Smith's book starts off with a short historical overview of the Bills, Acts and regulations that led up to both the FOI 2000 and the FOI (Scotland) 2002 Act. The next chapter considers all parts of the Act, which will have an impact on the practitioner's work, such as, e.g. giving advice to users and how to calculate costs and fees. Chapter three then breaks down those sections of the Act that deal with exemptions and their durations. Quotations are followed by explanations in non‐legal terms. The author uses many real‐life examples to illustrate further.

Publication schemes are a way of communicating to potential information seekers what kind of information they can expect from the institution. Chapter four explains the steps public authorities have to consider and introduces examples of current schemes. Questions of what happens in cases of non‐compliance with the law are being answered in chapter five. The different stages of the procedure for appeals are described – up to the Information Commissioner and beyond. The record management issues in chapter six circle around the fact that this piece of legislation is retrospective. This means that all records are covered regardless when they were created or held – with huge consequences for the institutions involved.

Chapter seven, a smaller chap0ter, looks at other pieces of legislation that are connected to the FOI, namely the Data Protection Act 1998, Environmental Information Regulations and Human Rights matters. Chapter eight is devoted to the staffing and training needs of the organisation. It examines job descriptions and the core skills required. Furthermore, two training courses are outlined, which can be downloaded from the Internet. The final chapter summarises the main points to remember under the headings of a checklist and presents a sample plan of a typical project.

The appendices carry Lord Chancellor's Codes of Practice under section 45 and 46 of the Act and also a list of frequently used definitions. Further assistance is at hand in the form of a compilation of web sites on the Act and related issues. References of free downloadable materials are available in the main text. No copy of the act is included. An index concludes the book.

At just under £40 (£31.96 to CILIP members) this book offers value for money. The only criticism I have is that an earlier publication date would probably have been of benefit to its readers. On the other hand, I believe that this accessible resource will be consulted after January 2005. It will be interesting to see how the European Directive on the Re‐Use of Public Sector Information (2003/98/EC), which looks at the commercial exploitation of public information and which is currently being transposed into national law by the member states, will impact on the way we look for, issue and use public sector information.