Freedom of Information - Will Public Authorities Be Able to Copy Copyright Documents When Responding to Requests?

Article by Richard Best, Ashurst*

The Freedom of Information Act ("FOIA") was enacted in November 2000. However, its most important provision - the personal right of access to information held by public authorities - does not come into force until January 2005. When that day comes the current non-statutory rules on access to publicly held information, contained in the Code of Practice on Access to Government Information, will be replaced by a far-reaching and comprehensive statutory regime. Information is defined broadly ("information recorded in any form") and requests may be made to public authorities by individuals, companies and even those living abroad. Companies dealing with or otherwise providing information to public authorities may be affected by the changes to the extent that: