Using the definition documents

In this section

The Freedom of Information Act 2000 (FOIA) gives rights of public access to information held by public authorities. This is part of a series of guidance notes produced to help public authorities understand their obligations and to promote good practice.

This guidance will help public authorities meet their obligations to make certain information routinely available. It will explain how to make use of the definition documents and produce a guide to published information.

Please note: this guidance is not relevant for parish councils, nurseries, primary schools or individual NHS practitioners. These authorities should use the ICO’s model guides to information, which will be available by late 2008.

Overview

An authority should:

adopt the ICO model publication scheme from January 2009;
use the definition documents and their existing publication scheme to identify the information they hold which should be published;
produce a guide to information, or ensure that their existing website meets this need; and,
ensure that members of the public can easily obtain the information.

The model publication scheme

Section 19 of the FOIA requires every public authority to adopt and maintain a publication scheme which has been approved by the Information Commissioner, and to publish information in accordance with the scheme. The scheme should specify:

classes of information which the public authority publishes or intends to publish;
how the information will be published, for example, online or in hard copy; and,
if there is any charge for the information.

As of January 2009, there will be one approved model scheme which must be adopted by all authorities. It can be adopted by placing a link to it on your website or otherwise making it available; there is no need to notify the Information Commissioner.

This scheme represents a commitment to publishing information within certain broad classes. It does not specify particular pieces of information or charges. The model scheme should not be altered. To show the actual information it makes available, a public authority should produce a Guide to information which specifies the particular information it publishes, how it will be published and what charge, if any will be made.

Full details on using the new model scheme can be found on our websitewww.ico.gov.uk.

The definition documents

The ICO has produced guidance to show the types of information we would expect particular types of authority to publish. These pieces of guidance are referred to as definition documents. You should publish everything which is listed in the definition document for your authority unless:

you do not hold the information;
the information is exempt under one of the FOI exemptions or Environmental Information Regulations (EIRs) exceptions, or its release is prohibited under another statute;

the information is archived, out of date or otherwise inaccessible; or,
it would be impractical or resource-intensive to prepare the material for routine release.

No definition documents have been produced for parish councils, nurseries, primary schools or individual NHS practitioners. Instead, the ICO will produce an actual guide to information for each of these sectors, which can be used directly.

Other authorities which are not covered by any sectoral definition documents should base their guide to information on the definition document prepared forNDPBs and other public bodies. They may wish to consult other definition documents if they appear relevant. Authorities which have responsibility for a museum or archive should also consult the definition document for museums and archives.

Using the definition document

Identify how much of the information in the definition document you already make routinely available. Your existing publication scheme and website should help with this.
Identify any other information you hold which is listed in the definition document but is not currently made available.
Consider whether any of this information should be legitimately withheld. Record the reasons for your decision.
Decide how to release the remainder of the information. Consider whether there may be a section of your website which would be a natural home for this information.

Flow chart

PA = public authority. ICO = Information Commissioner’s Office

Producing a guide to information

A guide to information should specify the documents available, the format and (where appropriate) any charge made.

Example:
Information	Format	Charge
Minutes of public meetings	Online Hard copy on request	Free 2p per sheet
Annual report	Online Printed copy	Free £5
Register of member’s interests	Available to inspect	Free

Many smaller authorities will find it easiest to produce a list structured according to the seven classes in the model publication scheme. However, there is no specific requirement for the format of the guide. The only requirement is that all the information you are required to publish is made available, and that it is easy for members of the public to find out what you have and where to get it.

Some authorities may find that all the information can be fitted into existing sections of their website. For example, if you already have an “About us” section, this will be the most sensible place for information in the “Who we are and what we do” category. In many cases, the website map will be the guide to information.

Using your website as a guide to information:

You should consider how people without internet access will be able to use the guide to information.
Any documents which are only available in hard copy or by making an appointment to inspect them should be shown under the relevant section of the website, along with a contact. Contacts given in the guide should generally be for somebody who has access to the information in their normal work, rather than an FOI Officer or Information Manager.
It is important that all staff in relevant departments are aware of what information is to be routinely made available. Therefore, it may be useful to maintain an internal list as well as the public guide.

Review the guide to information regularly, to identify any new information which should be released and to ensure the material is updated.

What else should be included in the guide?

You may wish to include information in the guide which is not specified in the definition documents. This may include the following:

Other information which you have chosen to make routinely available.
Environmental information which you make available in accordance with your obligations under the Environmental Information Regulations 2004 .
Information which you are required to publish or make available for inspection under another enactment.

Information which you are permitted to publish or make available under another enactment, and for which you make a charge.
Where appropriate, redacted or summarised versions of documents which would otherwise be exempt.

You should not include:

information which you only make available to certain people (eg fire damage reports); or,
information which would be considered for release only if a request was received and which might be withheld or redacted under an exemption. Where documents may include exempt material, these should not be listed in the guide but should be considered for disclosure if a request is received.

Example:

“Minutes of all meetings except where exempt”.

“Minutes of all public meetings and summaries of other meetings.”

More information on publishing environmental information can be found in our guidance on Proactive dissemination. Our guidance on Minutes and agendas gives more advice on the distinction between routine disclosure and disclosure in response to a request.

Operating the publication scheme

Information may be made available for download from the website, electronically, in hard copy, or by making it available for inspection. The means by which it is made available must be specified in the guide to information, along with the amount of any charge.
Where information is only available electronically, a printed copy should be available on request for those without internet and email. You should also take account of your obligations under equality legislation and, where relevant, legislation requiring information to be made available in languages other than English.
Information in the guide should be made available routinely. You should not use an exemption to withhold information in the guide, as a document should only be included if you have already decided that it can be disclosed. Requests for information in the guide cannot be refused on the grounds that they are vexatious or exceed the cost limit.
The guide to information should be a guide to what is available, rather than a mechanism through which information must be accessed. Staff should know to give out this information promptly when it is requested, or direct requesters to the website.

Requests for information which is not in the guide to information should be dealt with in the normal way. Guidance on dealing with FOI and EIRs requests is available on our website.

Charging

Where possible, information should be made available online and free of charge. Any legitimate charges should be stated “up-front”, and should be the same for all requesters. It is good practice to explain how a charge is arrived at, for example, the amount charged per page for photocopying.

A full explanation is available in our guidance on Charging for information in a publication scheme.

More information

Additional guidance is also available if you need further information on the model publication scheme:

This guidance will be reviewed and considered from time to time in line with new decisions of the Information Commissioner, Tribunal and courts on freedom of information cases. It is a guide to our current recommended approach to this area, although individual cases will always be decided on the basis of their particular circumstances.

If you need any more information about this or any other aspect of freedom of information, please contact us.

Phone: 08456 30 60 60, or 01625 54 57 45

Email: please use our online enquiry form.