In January 2007 the Information Commissioner’s Office disclosed via FOI 28 “line to take” (LTT) documents (pdf). These are topic-based documents, produced by their Policy Team, and they are used internally by their case workers as how they interpret and apply the various sections of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
They are mostly based on Information Tribunal rulings which have set a legal precedent, or relevant ICO decision notices, but for some topics they are based on the ICO’s own interpretations of the FOI Act, indicating how they’re likely to handle the subject matter of these complaints.
For someone looking to appeal a particular FOI decision made by a public authority (eg a refusal to provide information due to an exemption in the FOI Act), these LTTs are a very useful addition to the FOI guidance already produced by the Ministry of Justice or the ICO. They can be used to verify whether the authority’s stance is appropriate, and allow the requester to point the authority toward how the ICO sees that particular topic, and therefore challenge a FOI decision.
Although I’m a volunteer for WhatDoTheyKnow, I occasionally make FOI requests in a personal capacity. As I only recently found the above LTTs from 2007, I therefore asked the ICO for an updated list of LTTs. These have now been provided, and there is now a big library of 177 LTTs. They sent them via 6 large PDF files, so I have made them available in a more structured, searchable and (hopefully) easier to use manner via FOIwiki.com which is maintained by some of the WDTK volunteers:
In addition to the master list of LTTs available via the link above, they can also be accessed in context with their associated FOI Act exemption page, eg Section 41: Information Provided In Confidence
Two items of note from the LTTs.
- They may not always be 100% up to date. E.g LTT47 (last updated in 2007) says “it should be noted that the Time for Compliance Regulations do not extend to schools in Northern Ireland” – this was fixed via legislation passed last year (SI 2009/1369)
- There are a few LTTs which set out that the ICO disagree with a particular Information Tribunal ruling, and that they would approach the complaint in a different way, e.g LTT119 or LTT168. These could present a problem with making a relevant FOI complaint
I hope you find them useful! All comments or suggestions welcomed.