The Freedom of Information (FOI) Act

The Freedom of Information Act (FOI Act) mainly covers public authorities like government departments, councils and health bodies. However, it can affect private businesses that deal with them through grants, licences, tenders or contracts.

Does the Freedom of Information Act apply to private companies?

Not directly, but it can apply if:

• you share information with a public body that is subject to an FOI request
• the information you share is published under their publication scheme

What is a Freedom of Information (FOI) request?

Under the FOI Act, anyone can ask a public authority for recorded information they hold, including details from businesses carrying out public functions, such as utility providers. This right applies to all information held, including emails, reports and contracts, and not just official records. If you contract with a public body, your intellectual property and confidential data could be included under the FOI request, if this type of information is on their record.

How can FOI disclosure affect your business?

If the public body receives an FOI request for information that relates to your business, they may need to disclose certain details. This can affect your commercial interests- for example, by revealing pricing, strategies or customer data to competitors.

A public body must normally consult you first in a 'third-party consultation' before they release your information. They will explain the requested information, why they plan to release it and what harm it might cause to your business. You can then respond with arguments against disclosure, such as commercial sensitivity. The body must consider your views before deciding.

Exemptions to FOI disclosure

Certain types of information are exempt under the law. For example, financial records or contract details may be exempt from disclosure if they prejudice someone's commercial interest. Exemptions may also apply to requests for third-party personal data, under the UK General Data Protection Regulation (UK GDPR). See more on FOI exemptions: absolute and qualified.

When sharing information with regulators or public bodies, consider their Freedom of Information obligations and the possible risk of disclosure.