Understanding FOIA: Your Right to Know—Within Limits

In a democratic society, access to information is a cornerstone of transparency and accountability. The Freedom of Information Act 2000 (FOIA) was introduced in the UK to uphold that principle—granting the public the right to access recorded information held by public authorities. But like many well-intended laws, the FOIA has limitations that can create confusion, frustration, and—when misunderstood—false hope.

This article aims to demystify FOIA, highlighting what it does, what it doesn’t do, and how you can use it more effectively.

**What FOIA Does Cover**

FOIA applies to more than 100,000 public bodies in the UK, including:

Government departments
Local authorities
NHS bodies
Schools and universities
Police forces
Regulatory bodies like the FCA and HMRC (in part)

Anyone, anywhere in the world, can make a FOIA request. You don’t need to say why you’re requesting the information. If the request is valid, the public authority has 20 working days to respond.

Requests must be:

In writing (email or letter)
Include your real name
Describe the information clearly

**What FOIA Does Not Cover**

However, FOIA is not a catch-all solution. Here’s what it doesn’t do:

❌ It doesn’t guarantee access to all information.

Some information is exempt—for reasons including national security, commercial confidentiality, legal privilege, and personal privacy under the Data Protection Act.

❌ It doesn’t apply to private companies.

Unless they are acting on behalf of a public authority, most private entities are outside FOIA’s remit—even if they receive public funds or regulate public interests.

❌ It doesn’t require public bodies to create new information.

Authorities must only provide existing recorded information. They don’t have to generate data, offer opinions, or interpret your request.

❌ It doesn’t always apply equally.

Not all public-facing organisations are fully covered. For instance:

FCA is covered, but not for functions delegated to others.
FOS is mostly exempt under FOIA, despite being a public redress body.
Channel 4, while publicly owned, is exempt for information held for journalism, art, or literature purposes.

Common Misunderstandings

🔍 “They didn’t answer my question!”

FOIA compels disclosure of records, not explanations. You can’t ask why something was done—only for documents showing what was done.

🧾 “They said they don’t hold the info.”

Often, this is valid. But if you suspect a body should hold it, you can:

Request an internal review.
Complain to the Information Commissioner’s Office (ICO).

🧑‍⚖️ “I’m a natural person—not a legal person.”

This argument—often raised by so-called ‘freemen of the land’—is legally flawed. FOIA is accessible to any real individual using their actual name. There’s no special legal construct required.

How to Make FOIA Work for You

Be precise: Vague or broad requests are likely to be rejected as burdensome.
Do your homework: Check if the information is already published.
Use platforms like WhatDoTheyKnow.com to make and track requests transparently.
Understand exemptions: Not all refusals are stonewalling; some are legally grounded.
Challenge wisely: Use internal reviews and ICO complaints when refusals seem unreasonable.

A Tool, Not a Silver Bullet

FOIA is a vital tool—but it’s not a one-stop shop for uncovering injustice. If regulators are evasive, the issue may lie deeper—in the culture of bureaucracy, regulatory capture, or lack of political will.

That’s why public education is critical. Knowing what FOIA can and cannot do arms you with realistic expectations—and helps you push harder, smarter, and more strategically for the truth.

If you’re pursuing justice, transparency, or accountability, FOIA is one arrow in your quiver. But real change often demands a combination of public pressure, political engagement, and collective action.

Let’s use the tools we have—but let’s also keep building better ones.

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