ICO vows to get tough with new enforcement policy

The Information Commissioner’s Office has promised to take a tougher approach to enforcement against public authorities that routinely breach freedom of information legislation.

The ICO said organisations would face action “if they regularly fail to issue a response in time, refuse to disclose information without specifying an exemption, or if they fail to respond to a request altogether”.

Under its new policy, the watchdog will make more use of regulatory powers such as enforcement notices, undertakings and practice recommendations. It said it "will not hesitate" to take action against organisations that are repeat or serious offenders.

Timeliness has been identified as a key target for action by the ICO, on the basis that almost a quarter of complaints relate to the time taken by public authorities to respond to requests.

The ICO argued that a tougher approach to enforcing the Freedom of Information Act and the Environmental Information Regulations 2004 would mean individuals get a speedier response.

Mick Gorrill, head of enforcement at the ICO, said: “Organisations that take FOIA seriously will have advice and support from the ICO. The public bodies that continually fail to meet their legal obligations will face regulatory action.

“Using FOIA can take too long and is sometimes overly cumbersome for members of the public. After monitoring authorities’ compliance with the Act, we will take action against those that abuse the system.”

Deputy Commissioner Graham Smith added: "Although most organisations are implementing FOIA effectively, we will apply robust and effective sanctions against those organisations which routinely fail to comply with the Act."

To read the ICO’s new enforcement policy, click here.