Blogs
What’s FOI & FOIA? Guidelines for Managing Freedom of Information Requests
Written by: Chris Stephenson
Freedom of Information (FOI) is a cornerstone of modern democracy that empowers individuals and organizations to access information held by government bodies. At its core, FOI promotes transparency, accountability, and public trust, ensuring that public bodies operate openly and responsibly in serving their citizens. It also ensures that governments work to the same moral and legal standards and rule of law that individuals, corporations, and other parties are subject to.
As public expectations for transparency grow, so do the volume and complexity of FOI requests. Government bodies are under increasing pressure to process requests accurately, efficiently, and within tight deadlines. However, working towards the public interest while safeguarding sensitive information against data privacy laws, national security, commercial interests and other legal frameworks is an ever-changing balancing act.
Examples like the Office of the Australian Information Commissioner (OAIC) have become commonplace. According to The Australian Institute, 30% of requests in 2022-2023 were late, with 957 requests taking 12 months to resolve. It is no different in the USA, where it took the Office of Management and Budget an average of 348 days to resolve requests in the 2021 fiscal year.
What is the Freedom of Information Act?
Freedom of information laws, enacted globally to varying extents, grant individuals the right to access information from public authorities at all levels of government. While definitions vary by jurisdiction, FOI generally treats government-held information as a national resource for public benefit and easy access.
They are critical for maintaining transparency and accountability by enabling citizens, journalists, and organizations to request non-confidential information about government operations, decisions, and policies. By exposing misconduct, analyzing spending, or supporting social justice, FOI acts as a check on government power.
How freedom of information is addressed worldwide
Jurisdictions worldwide address the public’s “right to know” differently, reflecting each region’s legal, cultural and political landscapes. While the underlying goal of promoting transparency and accountability is a common theme in countries enshrining Freedom of Information laws, not all countries have ratified dedicated legislation.
Country | Law | Processing time | Extensions | Allows requests from foreign nationals |
|---|---|---|---|---|
| Australia | 30 working days | Allowed provisionally | Allowed | |
| United Kingdom (England, Wales, Northern Ireland) | 20 working days | Allowed provisionally | Allowed | |
| United Kingdom (Scotland) | 20 working days | Allowed provisionally | Allowed | |
| United States of America | 20 working days | Allowed provisionally | Allowed | |
| European Union | 30 working days | Disallowed | Allowed with limitations |
Freedom of information in Asia
Adopting and enforcing Freedom of Information laws across Asia vary significantly, reflecting the region’s diverse legal, political, and cultural contexts. India, Indonesia, the Philippines, and South Korea are some of the most prolific countries that have enacted laws promoting transparency. While Vietnam has regulations under the Law on Access to Information 2016, its enforcement is limited and constrained. China and Singapore lack freedom of information laws, emphasizing national security and economic stability. Moreover, many countries within the Asian community restrict requests from foreign individuals and groups.
What government bodies are answerable to an FOI request?
With exceptions to bodies that have a blanket exemption to FOI, governments, their agencies and owned corporations are generally answerable to Freedom of Information Act requests — these include:
- Heads of government and ministries
- Agencies forming the executive branch of government
- State, local and municipal governments, including agencies that manage public services
- Public authorities, regulatory bodies, and ombudsman
- State-funded educational institutions
- Public utilities and state-owned enterprises
- Public health services
- Law enforcement
What government bodies are exempt from FOI requests?
While FOI laws aim to promote transparency, certain government bodies and documents are exempt from these requests to safeguard national security, public interest, or sensitive operations. These exemptions vary by jurisdiction but generally include the following:
- Federal security and intelligence organizations
- Auditor-General
- Parliamentary bodies
- Royal commissions
- Courts
Where releasing information can cause risk or prejudice in the community, even bodies answerable to the FOIA may reject requests or at least partially redact documents concerning:
- National security, defence or international relations
- Federal Cabinet
- Law enforcement and public safety
- Secrecy laws and other sensitive information, i.e. taxation, child support, gene technology, and patent laws
- Legal professional privilege
- Material collected in confidence
- Material that, if disclosed, would be in contempt of parliament or court
- Trade secrets or commercially valuable information
- Electoral rolls and related documents
Conditional exemptions
Some material may be classed as a conditional exemption. While not automatically excluded from disclosure under freedom of information laws, these documents undergo a public interest test, weighing the potential benefits of disclosure against their risks and harm. Material that may be flagged may include:
- Documents containing personal information that can affect an individual’s right to data privacy.
- Commercially sensitive information that can harm competition or affect the government’s ability to negotiate or secure commercial arrangements.
- Internal communications, draft documents, or opinions that are created during decision-making processes.
- Documents that can impede criminal investigations
- Material that can interfere with law enforcement procedures
What information can the public request under the FOIA?
The Freedom of Information Act grants individuals the right to access any physical or digital document and media, including maps, images, and video held by government bodies and public authorities, which can be used to influence policies, decisions, or reports on services. Examples include:
- Government records and reports
- Public services information
- Regulatory and compliance data
- Statistics and surveys
- Procurement and contractual agreements
- Historical records
Best practices for FOI compliance
Develop clear policies
A clear Freedom of Information (FOI) policy ensures compliance with legal obligations and promotes transparency. It should detail request processing steps, agency roles, and response timeframes.
Timely respond to requests
Under FOI legislation, you’re generally required to respond to requests within 30 calendar days, or if eligible, by the final date of extensions.
Staff training
Regular training equips staff with systemised processes for interpreting requests, locating documents, and upholding data privacy standards. This ensures timely, accurate responses and adherence to legal requirements.
Maintain data security
While FOI requests promote transparency, it’s crucial to balance openness with the need for data protection and privacy. Ensure personal data or confidential information is properly safeguarded when responding to requests.
The challenges in complying with FOI
Balancing resourcing with DSAR requests
In addition to managing Freedom of Information (FOI) requests, many government bodies must also respond to Data Subject Access Requests (DSAR) provisioned through data privacy laws. This all adds to the workloads of privacy officers and other staff, constraining their ability to work efficiently without the help of technology solutions, such as Nuix Neo.
Challenges of redacting information at scale
Redacting sensitive information from large document volumes is time-consuming and error-prone. The challenge is ensuring consistent and accurate redactions, particularly in complex documents with numerous sensitive details.
Luckily, challenges can be easily overcome. Technology solutions, like Nuix Neo, can automate this process by applying predefined rules to identify and redact sensitive content for your review before adjustments are made.
Private companies exemptions
A key limitation of FOIA laws is the exclusion of private companies contracted to handle public works or essential services. This gap in transparency is significant as governments increasingly outsource these critical functions.
Growing number of requests
With the volume of requests increasing, managing freedom of information without changing your workflow is not only unsustainable but impossible. But it doesn’t mean there is nothing you can do about it — just as an Australian branch of government found out after partnering with Booka Consulting and Nuix
Overwhelmed by a 19-year FOI request backlog, Booka Consulting partnered with Nuix to help a government body expedite processing. The solution efficiently reviewed and extracted insights from vast unstructured data, enabling the team to handle FOI requests 95% faster. This streamlined approach freed resources for other critical tasks while making FOI processing sustainable.
Exposing staff to distressing content
Handling FOI requests can expose your staff to sensitive or distressing content, taking a toll on their well-being. While reviewing data and content may be part of their role, this doesn’t mean they are left alone. Services like Nuix Neo can help limit the emotional burden by analysing datasets and information stores to retrieve only the most relevant, pertinent sources.
Expedite freedom of information with Nuix Neo Data Privacy Solutions.
Processing Freedom of Information Act requests within required timeframes isn’t just a consideration of remaining compliant — it upholds transparency and trust in the nation’s governance. However, as the volume of submissions increases, government bodies and agencies need to transform their workflows to efficiently and effectively handle their workloads. This is where Nuix Neo’s Data Privacy solutions come in.
Nuix Neo enables governments, agencies, and publicly owned corporations to manage, structure, and review vast libraries of sensitive information across disparate sources at scale. Our technology platform automates manual tasks traditionally involved in FOI processing, such as document classification, data retrieval, and redaction. With streamlined processes, your team can reduce the time needed to sift through and manage large datasets, allowing them to focus on more complex, big-picture tasks.
While Nuix Neo automates much of the process, it’s designed to work in collaboration with human oversight, ensuring compliance with legal frameworks and confidentiality requirements. By balancing automation and human expertise, your organization meet its obligations while saving time and resources.
When working with sensitive data, you need a tested technology platform you can trust. One government branch partnered with Nuix and Booka Consulting to transform their workflows. Through deep integrations, Nuix Neo Data Privacy solutions successfully expedited the processing of FOI requests by 95%, rapidly expediting a workload originally forecasted to take 19 years to clear.
Embracing Nuix Neo is a step towards managing FOI requests with greater efficiency, compliance, and security, making it the ideal solution for public bodies to navigate the complexities of data privacy and open governance.
Discover the opportunities of working with smarter technology solutions — request a demo today.