ICO to target delays in Freedom of Information responses

Failure to comply may see public bodies reported to parliament

ICO to target timeliness

The ICO has warned public bodies that it intends to target delays in responding to Freedom of Information (FOI) requests, and will not hesitate to use its regulatory powers to force a response.

Timeliness has been identified as a key target for action, because almost a quarter of FOI Act complaints relate to the time taken for public bodies to respond to requests.

The ICO says it will also use its regulatory powers where bodies refuse to disclose information without specifying an exemption; or fail to respond to a request altogether.

It has several regulatory powers at its disposal. These include Enforcement Notices, Undertakings and Practice Recommendations to improve compliance.

Failure to take account of a practice recommendation or an enforcement notice may see a government body included in the ICO’s annual report to parliament.

Graham Smith, deputy commissioner, said: “The Freedom of Information Act has helped many organisations become far more transparent. Information rights have never been so important and organisations must have transparency at the heart of their culture. Although most organisations are implementing FOIA effectively, we will apply robust and effective sanctions against those that routinely fail to comply.”

This is the latest in a series of announcements that show the ICO has teeth and is prepared to use them. The most recent prior to this was issued in April when the body said it would fine organisations or public bodies £500,000 for failing to meet data protection standards.

The organisation has increased the number of FOI cases it resolved by 20 per cent in 2009/10 over 2008/09 and increased addressed an increase in data protection cases of 30 per cent, according to its annual report.