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FREEDOM OF INFORMATION - A guide for the UK Private Sector

Kenneth Mullen and Kelly Harris
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Summary:

The guide explores the risks and benefits of the Freedom of Information Act 2000 (FOIA) and the Freedom of Information (Scotland) Act 2002 (FOISA) for private sector organizations.

Although the FOI legislation's statutory obligations, including the 'right to know', do not apply directly to private sector organizations, the legislation is already making an impact across the private sector.  Businesses need to be aware of the potential consequences of supplying information, submitting bids, and negotiating and contracting with public authorities.  Any individual or organization, such as newspapers, pressure groups or competitors, can submit a ‘right to know' request to a public authority to disclose particular information held by or on behalf of that authority.

The book provides a summary of the law, explains the key issues, such as the 'right to know', outlines potential scenarios involving the legislation and its impact on private sector organizations, explains the exemptions and gives guidance on dealing with the public sector and on contractual issues, with draft contract clauses included. 

Finally, the Guide includes information on using the legislation to your advantage for business intelligence purposes.

Contents

Chapter 1 – Background and main issues for the private sector
Chapter 2 – Environmental Information Regulations 2004 and the private sector
Chapter 3 – Relevant exemptions
Chapter 4 – Dealing with public authorities
Chapter 5 – Contracting with the public sector
Chapter 6 – Freedom of information for business advantage
Appendix – Draft freedom of information clauses
References

A5 paperback, 96 pages

About the Authors:

Kenneth Mullen is a Partner in the Media and Technology team at leading UK law firm Shepherd and Wedderburn LLP. Kenneth specializes in information management, freedom of information, data protection and privacy issues, acting for a wide range of private sector organizations and public bodies. Kenneth has been assisting a number of industry clients on the application of the Freedom of Information Act 2000, including advising on contractual issues, tenders and dealing with requests for information.

Kelly Harris is a solicitor at Shepherd and Wedderburn LLP, specializing in Public Law, including freedom of information and human rights. Prior to moving into the private sector, Kelly worked for a number of years as a government legal adviser both in England and New Zealand. She has written and spoken widely on FOI matters.

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