Tools for Public Authorities, Courtesy of the ICO

April 2, 2025

By Olena Nechyporuk

Tools for Public Authorities, Courtesy of the ICO

Public authorities find themselves often inundated with Freedom of Information (FOI) complaints. The ICO went upstream to solve the problem. They have now released a series of "bitesize" tools targeting the four exemptions most frequently misused by public authorities.

- Is cost a significant factor? Would it cost too much to answer an FOI? There is a provision in Section 12 of the Freedom of Information Act (FOIA) that a request can be refused where it’s estimated the cost of complying would exceed a set limit. The ICO have now created a worksheet to properly calculate the cost under Section 12.

- Is some information reserved for future publication? The ICO's new tool clarifies when a Section 22 FOIA exemption actually applies.

- For law enforcement agencies struggling with Sections 30 and 31, which include may exemptions and can thus be confusing sometimes, the ICO has shown comparison tables to clarify the subtle distinctions between these related exemptions.

- For those tempted to stamp "confidential" on documents, a jargon buster explains why Section 41 exemptions require much more than a label. Public authorities have to clearly explain the reasons for refusal to comply with FOI requests.  

"We remain here to help FOI practitioners get it right," says the ICO. "We want to provide you with the resources you need to help keep those building blocks of transparency and accountability strong and we hope our bitesize products do just that."

For an in-depth look at what the ICO offers to public authorities in relation to FOIA, go here.