Freedom of information: A guide for business - Herbert Smith Freehills

Since the Freedom of Information Act came into force a little over 7 years ago, it has had a huge
impact on public authorities. But freedom of information law does not only affect public authorities.
It can have and is having a significant impact on businesses in all sectors. It presents an opportunity
for obtaining useful information but also gives rise to the risk that information provided by a business
to a public authority might be disclosed to the public or competitors. Whenever a regulated
business submits information to its regulator or another public authority, it should be aware of the
risk that the information may be subject to disclosure.
The present government has expressed a strong commitment to freedom of information and, at the
time of publication of this guide, is in the process of consulting a wide range of additional bodies on
the possibility of bringing them within the scope of the legislation. It therefore seems likely that the
impact of freedom of information legislation will become even more widespread in the near future.
This guide provides an overview of UK FOI legislation and explores how businesses can use
the opportunities and mitigate the risks associated with FOI requests.
References to case law are up to date as at 1 March 2012.
Andrew Lidbetter
Nusrat Zar
+44 20 7466 2066
andrew.lidbetter@herbertsmith.com
+44 20 7466 2465
nusrat.zar@herbertsmith.com
2 A freedom of information guide for business