ABSTRACT

This chapter examines the history of and parliamentary debates leading to the Freedom of Information Act 2000 ('the FOIA'). It looks at the wider remit, including the office of the Information Commissioner (ICO) and the powers the ICO has in law, such as dealing with nuisance telephone calls, unwanted emails and text messages. The 'FOIA' provides public access to information held by public authorities; it covers any recorded information that is held by a public authority in England, Wales and Northern Ireland, and by UK-wide public authorities based in Scotland. Critics of the FOIA regime have argued that the Act is too complex with its class exemptions and seemingly long waiting times. The fundamental question raised under FOIA was whether the war on Iraq was 'legal', questioning the legitimacy of UN Resolution 1441. The legislative struggle in Britain for freedom of information is inextricably linked to freedom of speech and press freedom.