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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Freedom of Information in the UK

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ISBN13: 9780414052192
To be Published: October 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £175.00



  • Presents a detailed guide to the freedom of information regime in the UK
  • Contains narrative commentary on the key legislation
  • Defines key terms like ‘information’ and ‘public authority’ as per the legislation and its judicial interpretation, including key decisions like Fish Legal
  • Covers how to make a request under the access regime, and the obligations of a public authority receiving a request, and how costs associated with requests are apportioned
  • Considers how to refuse requests, including all relevant requirements, timelines, content, and availability notices on the ICO site
  • Analyses vexatious requests, through fast-developing case law and through the guidance of the Information Commissioner’s office
  • Explains the detailed operation of each of the exemptions in Part 2 of FOIA (as interpreted and applied in tribunals and other decisions) in specific areas of practice, such as procurement, education, privilege, personal data, health and social services
  • Discusses key case law around each exemption and explains how each of them operates in practice • Details the exemptions relating to defence and security, particularly those applying to national security, as well as the operation of the ministerial veto
  • Explains the criminal law consequences of the FOI regimes including investigations, enforcement and regulation
  • Looks at the role of the Information Commissioner (and the Scottish Information Commissioner) and its function under FOIA and EIR, including practice recommendations, complaints, information and enforcement notices
  • Goes through the appeal and tribunal processes, as well as other access routes beyond the FOIA, FOIA and environmental regulations, such as public registers, DPA and medical records, and government commitments to open data and transparency
  • Takes into account the provisions and obligations relating to the management of records by public authorities such as the National Archive and the new Scottish Public Records legislation
  • Reviews relevant Freedom of Information approaches in other jurisdictions, including the EU, US and Commonwealth countries

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    Subjects:
    Data Protection
    Contents:
    PART 1: Introduction to the Access Regimes
    1. Introduction to FOI in the UK
    2. Overview of the FOIA
    3. Overview of the FOISA
    4. Overview of the Environmental Information Regulations (EIR & EISR)
    5. What is Environmental Information?

    PART 2: Public Authorities, Information and Requests
    6. Who is a Public Authority under the Access Regimes?
    7. What Information is Covered?
    8. Pro-Active Publication of Information: Publication Schemes
    9. Making a Request under the Access Regimes
    10. Handling Requests – Obligations of Public Authorities
    11. Costs, Fees and Charging under the Access Regimes
    12. Refusals and complaints

    PART 3: Exemptions
    13. Operation of the Exemptions in the Access Regimes
    14. Requests which are vexatious or manifestly unreasonable
    15. The Exemptions in Part II of the FOIA and in Part 2 of the FOISA
    16. Exceptions Applying to Environmental Information
    17. Confidentiality and Privilege
    18. Commercial Sensitivity and Procurement
    19. Requests involving personal data
    20. Criminal Investigations, Law Enforcement and Audit
    21. National Security
    22. Government policy and public affairs

    PART 4: Enforcement, Appeals, Records Management, and Re-Use
    23. Role of the Commissioners and enforcement
    24. Tribunal and Appeals
    25. Public Records and Records Management
    26. Re-Use of Public Sector Information and Datasets