The Freedom of Information Act 2000
Most GPs in the four nations with contracts to provide services to the NHS fall under the Freedom of Information Act 2000.We are therefore required from January 1st 2009 to adopt and maintain a publication scheme which has been approved by the Information Commissioner and to publish information in accordance with the scheme.
As of January 2009 there will be one model scheme.
- information commissioner what you must do now here
- Model here
- Further guidance here
- BMA FAQs in FOI
(FS Dec08)
The Freedom of Information Act applies to all recorded information. This includes paper files, computer files and internal e-mails and the Act is fully retrospective.
From January 1st 2005 if you receive a written or e-mailed access request for information you must generally comply within 20 days in the preferred format of the applicant, if that is practicable.
There are a number of absolute or qualified exemptions. (see Part II of the Freedom of Information Act*) You need not respond if the information is already available in your publication scheme or anywhere else, or if you have already fixed a date for publication before receiving the access request. You need not respond to vexatious requests.
(*http://www.justice.gov.uk/guidance/guidancefoi.htm)
Most access requests are expected to be free
You may not charge for
- time taken to locate,retrieve,collate or extract information, unless the estimated cost of doing so would exceed the 'appropriate limit' of £450 for GP practices (based on a rate of £25 per hour)
- time taken to write a covering letter to inform the applicant that the information is being provided
You may charge a 'reasonable' fee that is not capped to cover the incurred costs
- Informing the applicant that you hold the requested information
- Summarising the information
- Putting information into the preferred and requested format
- Translating information into a foreign language, unless this is impracticable or translation, for example into Braille, is required free of charge under the Disability Discrimination Act
- Cost of photocopying or printing (it is suggested that this would not exceed 10p per sheet)
- Postage or other forms of communication
You should inform the applicant of the fee before incurring the costs.
Further information on the old website (guide to Freedom of Information act) here
FS/CED 2008/2006
